Ask an attorney - Page 3 - Tilted Forum Project Discussion Community

Master_Shake · 02-08-2005, 06:26 AM

Quote:

Is it lawful for an employer to terminate employment because a male employee has long hair?

Probably, but there shouldn't be a double standard, women are probably also required to have their hair short or in a hair net. This may be a law, or it may simply be a condition of employment that you agreed to when you got the job. Remember all those ridiculous forms they had you sign when you started working? It was probably in there somewhere.

You should be able to wear a hairnet and remain employed. I assume the rationale for not having long hair is to prevent hair from getting in food, maintaining a clean appearence, etc. If so, then wearing a hairnet should settle the matter.

Please post your jurisdiction and I'll see if I can find a law.

Master_Shake · 02-08-2005, 06:37 AM

Quote:

Is gay marriage protected by the constitution (in the opinion of a lawyer)? Why or why not?

As an attorney, the only correct way to answer this question is with two questions: do you want it to be, and do you have enough for a retainer?

If you really want an answer, and I assume you mean the federal constitution, the only one I can give you is that I don't know yet. The Supreme Court has not yet ruled on this matter. Anything I say would be conjecture and/or nonsense.

Several state courts, including recently New York, have found gay marriage to be protected under state constitutions. I have no idea what will happen when or if the Supreme Court rules in this matter.

http://writ.news.findlaw.com/grossman/20050208.html

This topic is probably better suited to Politics or Living forum.

Meier_Link · 02-10-2005, 03:33 PM

Quote:

Originally Posted by Master_Shake

Probably, but there shouldn't be a double standard, women are probably also required to have their hair short or in a hair net. This may be a law, or it may simply be a condition of employment that you agreed to when you got the job. Remember all those ridiculous forms they had you sign when you started working? It was probably in there somewhere.

You should be able to wear a hairnet and remain employed. I assume the rationale for not having long hair is to prevent hair from getting in food, maintaining a clean appearence, etc. If so, then wearing a hairnet should settle the matter.

Please post your jurisdiction and I'll see if I can find a law.

Actually, I was working for Pep Boys, Auto Parts Delivery. There are females that work in the store that have long hair, there are females that do my job that have long hair. It's all about appearance. Thing about it is that I never signed any paperwork saying that I would have short hair, I was rushed through the hiring process and didn't sign much stuff at all. I working there for about 3 weeks before they gave me an ultimatum. I feel discriminated against.

I'm in Charlotte NC, btw.

Meier_Link · 02-15-2005, 02:24 PM

Friends of mine have advised me that if I was hired with long hair they couldn't ask me to cut it after the fact. I'm not sure how legitimate that claim is, however this policy, which many employers use, is discriminatory and offensive. I passed their drug test, I stayed neat and well groomed, and I was a damn good employee. What more can they ask for from me? I think that if I don't take action, then I am doing everyone in my position a disservice.

Master_Shake · 02-16-2005, 12:58 PM

Quote:

Friends of mine have advised me that if I was hired with long hair they couldn't ask me to cut it after the fact.

Probably not true. Workplaces are allowed to change their standards all the time. If you were under contract, or you had an agreement to a period of time for employment, then they might not have the right to fire you, but barring that (or a union you can submit grievances to) you may be out of luck.

That they let women have long hair is something of an issue. Clearly they have instituted separate standards for men and women not based on job performance. I'm not sure what type of action you could take though. A suit for unfair termination might be successful, but it is unlikely you would get much in damages, so it is equally unlikely an attorney would take the case.

runtuff · 02-17-2005, 04:27 PM

Home purchase from parents:

Recently we purchased my wife's parent's home with the intent to raze the house and build a new house. My father-in-law has refused to remove his personal items from the house. In the purchase and sale there was NO agreement on these items. However we verbally agreed to allow him to remove these items over time. It has been almost 4 months. He thinks he, (my F-I-L) that he can get an injunction preventing us from raising the house. What are my legal options??

Master_Shake · 02-18-2005, 06:20 AM

He can try to get a court order preventing demolition, but based only on the presence of his personal items in the house he has a very weak case.

Make it clear to him that you plan to start demolition on a certain day. Then send him a certified letter telling him to remove his items by that time. If he fails to do so, remove them yourself and put them in storage.

Where is this located? Some jurisdictions have personal property abandonment laws that prevent prior owners from coming back for personal property after a certain amount of time.

runtuff · 02-18-2005, 10:47 AM

In Massachusetts. I like the idea @ sending a certified letter with a time frame and then if he does not comply, packing up the items and storing them. Is it reasonable to insist he pay for the packing and storing before we release the items to him?

pattycakes · 02-24-2005, 02:13 PM

Quote:

Originally Posted by runtuff

In Massachusetts. I like the idea @ sending a certified letter with a time frame and then if he does not comply, packing up the items and storing them. Is it reasonable to insist he pay for the packing and storing before we release the items to him?

i am not an attorney or anything but watch out with packing up his items and storing them he might never take them back or he might not want to pay you for the storage. just becareful with the ammount of money that you spend.

state in the letter that he has maybe 2 more months to get his stuff or you will sell it to regain your costs of storing it. (check if that is legal) --->just an opinion i am not an attorney

runtuff · 02-24-2005, 03:08 PM

Yeah thanks, I'd thought of that, its all so complicated. I have thought we might pack it up and he'd never come for it. Ironic, but he would like that part. Maybe storage containers on the property might work too.

pattycakes · 02-25-2005, 09:48 PM

Quote:

Originally Posted by runtuff

Yeah thanks, I'd thought of that, its all so complicated. I have thought we might pack it up and he'd never come for it. Ironic, but he would like that part. Maybe storage containers on the property might work too.

if its not way to much purchase a shed from home depot or equivelent... and lock it in there. when he wants his stuff make him pay the costs of the shed. then you get a free shed out of the deal. he he dosent get his stuff sell it

khuct · 03-01-2005, 10:39 PM

I have a two-part question. I live in Seattle, Washington.

1) I got into an accident on Thanksgiving. It was raining and traffic was travelling about 50 or so. But all of a sudden traffic started backing up. I don't know what happened but I couldn't stop in time. I tried to hit the brakes---my car skidded and my steering wheel locked. I wanted to release the brakes and steer to the next lane but I think someone was on the next lane and it was perhaps too late. So I slammed into the guy...my airbags popped. There were no injuries reported on the collision incident report and five people were in the car (including 2 kids). But the guy right now is still "going through treatment." My ticket says I was going "too fast for the conditions." But I was going about 50ish...not 60---the speed limit. It wasn't a heavy rain either but just rained enough to get the highway wet. So my question is...is having bad tires a good defense for this case? I took pictures of my tires after the incident and maybe perhaps go to a mechanic and have them mark the bald spots. Is this an effective defense---saying my tires were bald and skidded because of the weather conditions, and bringing pictures to prove it. If that is not an effective defense, what is? I was going the same speed as everyone else, even slower than some.

2) My second question is...would it be more effective to write and mail in my defense rather than appear in court?

Thanks in advance

Master_Shake · 03-02-2005, 06:54 AM

May I assume that this is for a violation of:

RCW 46.61.445
Due care required.
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.

1. Having bald tires is not an effective defense. If you proved you had bald tires, it would only establish that you were still going too fast for conditions (one of those conditions being driving a vehicle with bald tires). You also don't have to be speeding to be driving "too fast for conditions."

An effective defense might be that the State cannot prove how fast you were going at all. Unless the guy was there with a radar detector, or you admitted how fast you were going (never confess!) they may be unable to establish that you were travelling too fast. The Magistrate may or may not buy this argument, but it's probably the best available if you choose to fight it.

Remember you have to prove that you exercised due care. If you get to argue, your argument should focus on how unreasonable someone else was driving, and that you were doing the most reasonable thing under the circumstances. If the guy ahead of you stopped short for no apparent reason, that might work.

2. It would absolutely not be better to mail your defense in. If you are going to fight this, you should appear. This will give you a chance to speak with the officer, maybe get him to lower the offense, maybe to one with a lower fine. Disobedience to a traffic control device is a favourite of mine.

If the cop won't budge or you have to fight the case, you'll need to be there to cross-examine the cop's story and point out his inconsistencies or other problems with his story.

Mailing in a defense is almost a guaranteed way of letting the magistrate accept the cop's word and issue the ticket.

As an interesting afterthought, look what else I found on the books in Washington:

RCW 46.61.665
Embracing another while driving.
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.

Meier_Link · 03-02-2005, 02:36 PM

Okay, how's this for a lawsuit?

Charlotte, NC -- My girlfriend works at Starbucks, she has worked there for nearly 5 years. For at least the last year she has been working 40+ hours a week. In spite of this fact she has been denied full-time benefits because she is considered a "part-time" employee. Around a month ago she inquired with her store manager about receiving full time benefits since she has been working full time for so long. Now, less than 5 weeks later, she has been demoted, citing a bad "secret shopper" score, complete with paycut and knocking her down to about 13 hours a week.

It would seem to me like not only would she have a case, but that there would be the potential for a class-action lawsuit if similar circumstances are prevalent other places in the company.

tres · 03-02-2005, 02:52 PM

My Fiance just started a new job, and they have about 30 employees in a medical office. On an almost daily basis she as well as all the other employees get berated by the boss, seems that he gets of on making himself feel superior by putting you down, and even sexual harrassment. He is so concerned of his employees screwing him over that he has hidden cameras and microphones in both offices so detailed that he can see what they are working on. She's hoping he doesent have cameras in the bathroom too!
Question 1- By filing a harassment suit- what would actually happen? would he be charged with something or is it a monitairy fine?
Question 2- is he allowed to record all the video and voice?

Cynthetiq · 03-02-2005, 07:36 PM

because I was a supervisor and manager, I became well versed in what I could and could not do within the workplace. I did not want someone to blindside me with litigation because I wasn't aware of the legal boundaries.

Here's something from the ACLU website about Workplace Privacy.

Quote:

Privacy in America: Electronic Monitoring

October 22, 2003

PRIVACY IN AMERICA:
Electronic Monitoring
Legislative Briefing Kit on Electronic Monitoring

(Access this report for more detailed discussion of the issue.)

Employers love to keep tabs on their workers. And technology now makes it easy for companies to monitor you – from punch-in to quitting time.

Employers can read you e-mail, look at your personal computer files and eavesdrop on your phone calls. They can film you with hidden video cameras not only in public areas, but in locker rooms and even restrooms.

Since employees don't usually have access to their own electronically stored data, they can't correct inaccurate information. Nor can employees control which third parties are given access, be they creditors, insurance agents or landlords.

Although it's often done without your knowledge, this kind of info-gathering and sharing is almost always legal. This is because there are no laws regulating electronic surveillance in the private sector workplace.

Electronic surveillance in the workplace is a major threat to your right to privacy.

NOWHERE TO HIDE
Employers have a legitimate interest in monitoring work to ensure efficiency and productivity. But electronic surveillance often goes well beyond legitimate management concerns and becomes a tool for spying on employees. A few years ago, postal workers in New York City were horrified to discover that management had installed video cameras in the restroom stalls. Female workers at a large Northeastern department store discovered a hidden video camera installed in an empty office space that was commonly used as a changing room. Waiters in a large Boston hotel were secretly videotaped dressing and undressing in their locker room.

Although in each of these instances the employer claimed it was concerned about theft, no illegal acts were ever uncovered. But the employees were robbed of their dignity and personal privacy.

IT'S EVERYWHERE, AND IT'S GROWING
Electronic surveillance takes different forms –

Computer data banks help employers track employees' past employment records, financial status and medical histories. Although there are laws that prevent an employer from sharing intimate employee information with individuals outside the company, there are few restrictions on an employer's right to share it with people on the inside.

According to a 1993 survey by the computer magazine Macworld, 20 million Americans were subject to computer monitoring. Given the enormous growth in computerization, that figure is sure to have climbed substantially since the survey was conducted.

Telephone monitoring affects huge numbers of employees and consumers. It is estimated that employers eavesdrop on 400 million telephone calls every year. Although the federal wiretap law forbids eavesdropping unless one of the parties to the conversation consents, another law, the Electronic Communication Privacy Act of 1986, allows employers to secretly listen to "job-related" conversations. This basically gives employers the freedom to listen to any and all telephone conversations, since an employer can argue that it takes several minutes to determine whether a conversation is personal or job-related.

"It's like being connected by an umbilical cord to the computer. There is no privacy."
— Testimony of an airline reservations clerk describing her telephone headset which monitors the length and content of all telephone conversations she holds during the workday, and also times how long she is away from her desk on bathroom and lunch breaks.

A FAIR ELECTRONIC MONITORING POLICY
In order to prevent abuses, employers can and should adopt a policy that includes the following features:

notice to employees of the company's electronic monitoring practices;
use of a signal to let an employee know when he or she is being monitored;
employee access to all personal electronic data collected through monitoring;
no monitoring of areas designed for the health or comfort of employees;
the right to dispute and delete inaccurate data;
a ban on the collection of data unrelated to work performance.
restrictions on the disclosure of personal data to others without the employee's consent.
WHAT'S NEXT?
Major new threats to employee privacy, such as genetic testing and "active badges" – clip-on microcomputers that allow an employer to track a worker's movements electronically – are just over the horizon. Increasingly, members of the American workforce are being treated like pieces of equipment.

More than ever before, we need new laws to protect our right to privacy at work.

--------------------------------------------------------------------------------

SOURCES: "Bosses with X-Ray Eyes – Special Report on Electronic Privacy," Macworld, July, 1993; Office of Technology Assessment, "The Electronic Supervisor: New Technology, New Tensions," 1987; E. Hendricks, Your Right to Privacy, ACLU Handbook, 1990.

--------------------------------------------------------------------------------

WHAT WE ARE DOING
Privacy – the right to be left alone – is one of our most cherished rights. Yet because so few laws protect our privacy, the ACLU's campaign for privacy in the workplace is very important – particularly in the private sector.

In 1988, through the efforts of the ACLU, other privacy advocates, and the labor movement, employees achieved a major victory when Congress passed the Employee Polygraph Protection Act, which protected them from workplace lie detector tests under most circumstances. But in 1994, Congress failed to pass the Privacy for Consumers and Workers Act, which would have further reduced monitoring abuses.

The ACLU still supports federal legislation. We are also working in the states to get protective laws passed. By mid-1997, only the state of Connecticut had acted, and its restrictions on employee monitoring were limited to banning monitoring "in areas designated for the health or personal comfort of employees."

In 1996 the ACLU launched a campaign to alert the American public to the dangers posed by electronic monitoring and to give activists the tools to bring about reform. Our educational videotape, Through the Keyhole: Privacy in the Workplace -- An Endangered Right, has been featured on national television and at union meetings nationwide.

WHAT YOU CAN DO
1) Learn more about the issue. Order a copy of our video Through the Keyhole: Privacy in the Workplace – An Endangered Right and share it with family, friends, and co-workers ($7 plus shipping, call 800-775-ACLU to order.) Feel free to duplicate the tape at will.

2) Get a copy of our 1996 report, Surveillance Incorporated., which documents the increase in various forms of employer surveillance and breaks down privacy laws state by state. This free report is available through our website or our 800-number.

3) Write your elected officials urging them to support workplace privacy legislation. For tips on writing your elected officials as well as sample letters, visit the "In Congress" section of our website under "tips" or send a request entitled "tips request" to KearneyCLU@aol.com or fax (202) 546-1440.

4) Want to do more? Contact the ACLU's Campaign for Fairness in the Workplace to find out how you can personally help to get legislation passed. Write ACLU Campaign for Fairness in the Workplace, 166 Wall Street, Princeton, NJ 08540, fax (609) 683-1787 or e-mail Rebloclu@aol.com.

Eowyn_Vala · 03-08-2005, 02:26 PM

hmm wishing I would have seen this thread before I wrote mine. Okay I have a roommate who does pot. I don't care that he does unless he is doing it at our apartment. My fiance and I both live there with this roommate as the third person and we've both asked him to go somewhere else, even if it's just outside. We've made it clear that we don't want him doing it there. He still does every so often and aside from calling the police or landlord we haven't been able to get him to quite. He also smokes cigarette inside when we aren't there. Once again neither my fiance nor I really care about his health habits since we both smoke except that we aren't supposed to smoke inside, we want our deposit back and we don't do it for those reasons. I am worried that the neighbors under us will smell it and call the cops or the landlord or that the landlord might when he comes over (our dryer is broken at the moment). Is there any way my fiance or I would be in trouble with the law or the landlord about our roommate's smoking both cigarettes and pot inside? And what can we do to keep ourselves from being responsible or in trouble. I was going to try to have our roommate kicked out and taken off the lease but we only have 2 1/2 months left on the lease and so far everyone else is recommending to try and stick it out. It seems like the easiest thing to do, but I still worry at times. By the way I live in Kansas if that makes any difference.

Thanks

sapiens · 03-08-2005, 02:54 PM

I have a question about a document that my daughter's daycare wants us to
sign. The daycare center is run by the state in which I live. The agreement states:

"In consideration of my child being permitted to use the INSTITUTION
facilities and equipment, I hereby accept all risk to my child's
health and of his/her injury or death that may result from such
participation. I hereby release the above named institution, its
governing board, officers, employees and representatives from any and
all liability to my child, my child's personal representatives,
estate, heirs, nect of kin, and assigns for any and all claims and
causes of action for loss of or damage to my child's property and for
any and all illness or injury to my child's person, including his/her
death, that may result from or occur at the INSTITUTION, whether caused by
negligence or the Institution, its governing board, officers,
employees or representatives, or otherwise. I further agree to
indemnify and hold harmless the Institution, its governing board,
officers, employees or representatives from liability for the injury
or death of any person(s) and damage to property that may result from
my child's negligent or intentional act or omission while
participating in INSTITUTION activities."

My question is: Does signing such a waiver give up any and all rights I have to legal recourse if my child is hurt at her daycare due to negligence?

Thanks.

Master_Shake · 03-09-2005, 02:29 PM

Eowyn_Vala
As to the cigs and the landlord:
Whether the landlord can evict you, charge you a cleaning fee or withhold your deposit is going to be determined by the lease you signed. Most likely, the landlord will use your deposit to remove the cig. smell from the room after you leave. It doesn't matter if it was you or your roomate, you are jointly liable for the security deposit and the "damage" to the room. You can try to clean the place up as best you can before you leave in an attempt to remove the cig smell, but it will probably be to no avail.

As to the Pot and the landlord:
Whether he can act on your criminal actions will also be determined by the lease. Some leases allow for eviction upon evidence of criminal activity. He may even be allowed to keep the security deposit for this very reason. Examine the lease, it should answer these questions.

As to the Pot and the law:

Marijuana is a Schedule I drug (under 65-4105) in Kansas. The applicable statute reads:

Quote:

Originally Posted by Kansas

65-4162. Unlawful acts relating to possession of depressants, stimulants or hallucinogenic drugs or other substances; penalties. (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person's control:

(1) Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

So the question then becomes, what is possession? Can you possess something just by virtue of it being in your apartment?

I don't have complete access to Kansas' case law, but I'm betting the ideas of possession are similar to Pennsylvania's, to which I do have access.

Regardless of one's proprietary interest in dwelling in which controlled substances are found, if contraband is not found on person of defendant, Commonwealth must prove constructive possession. Com. v. Hoetzel, 426 A.2d 669, 284 Pa.Super. 623, Super.1981

So what is constructive possession?

"Constructive possession" of an illegal substance is the ability to exercise conscious control or dominion over the illegal substance and the intent to exercise that control. Com. v. Kirkland, 831 A.2d 607, Super.2003, reargument denied, appeal denied 847 A.2d 1280, 577 Pa. 712.

For purposes of convicting defendant for illegal possession of controlled substance, constructive possession may be inferred from totality of circumstances. Com. v. Luddy, 422 A.2d 601, 281 Pa.Super. 541, 1980, certiorari denied 102 S.Ct. 114, 454 U.S. 825, 70 L.Ed.2d 99; Com. v. DeCampli, 364 A.2d 454, 243 Pa.Super. 69, 1976.

Evidence that could support the contention that it's not yours:
Your roomate does the stand-up thing and takes the fall for you.
Your roomate keeps his stash in a locked box of his locked closet in his locked room.
Anything that tends to show you had no access to or control over the drugs.

So in the end, it's possible that you could be charged with possession if the cops were to bust in and find his stash. It's also likely that you have a decent shot at beating the charges if you can establish some of the above.

Fortunately, simple possession in Kansas is a class A nonperson misdemeanor, and for a first offense you can enter a special remedial sentence program that allows you to enter probation and get the charges expunged later on.

Of course, it is always best to seek the advice of a local attorney who specializes in these matters. Call your county bar association for a referral for more information.

CrotchrocketSlm · 03-12-2005, 04:31 AM

I had a roommate who was having a room rented out for him by a non-profit organization for training purposes, for the period between Feb 19th to May 19th. The organization, which will remain nameless in this thread (maybe I'll start another thread about them), unbeknownst to any of us, does not believe in treating its employee with such things as working under 50 hours a week or giving them a living wage, or even allowing their workers to unionize, despite the fact that they are pro-Union elsewhere. Suffice it to say, my roommate is leaving after a mere three weeks of their abuse.

Now, I have a sublease agreement signed by my roommate that states that this group would have been paying for my roommate's rent for the entire time he was here, he'll testify to that, and that he has had permission from the organization to do this (they had him find his own housing instead of securing it themselves, and he saw my ad online). The one time I did recieve a check from them, it was one of their agents who filled out the check. The rental laws in my state, according to my state Atty General's office, apply to all sublet situations as well, and that even if it was an oral agreement that was a month to month arrangement in nature, the standard in my state is one rental period plus 30 days notice before moving out. Either way, I don't see how they can back out of this.

Now this organization is demanding its deposit back and refusing to pay the remainder of the rent for the period that all parties had agreed to. How can I go about fighting this, and perhaps even getting the money they do rightfully owe me?

tecoyah · 03-15-2005, 02:52 AM

..................test

Master_Shake · 03-15-2005, 10:50 AM

Sapiens:

You have a very jurisdiction-specific question. Not only are adhesion contracts/liability waivers interpreted differently state to state, but sometimes from county to county. If you have serious questions about the safety of the daycare facility you should contact a local lawyer immediately.

Having said that, the form they are asking you to sign does not waive all of your legal right to sue for negligence, but it does make some limitations. While you would probably be able to recover damages for "gross" negligence, you may be unable to do so for "ordinary" negligence. What's the difference?

Ordinary negligence: The daycare worker turns his/her back while your child is running through the field. Your child trips and breaks a limb. The daycare worker has committed ordinary negligence by not watching your child.

Gross negligence: The daycare worker brings a lawnmower into class, flips it upside down, turns it on and then goes for a smoke break completely ignoring your children.

But as I said, you're going to have to speak with a local lawyer to determine the local jurisdiction's feelings to liability waivers/adhesion contracts.

Master_Shake · 03-15-2005, 11:00 AM

Crotchrocketslm

What is the monthly rent and what is the total amount they owe you?

It doesn't sound like you've got a contract with someone from the organization's signature on it, rather you've got a contract with your roomate. He may very well be in breach, but that doesn't mean the organization is.

Do you have a written lease? What does it provide for notice of leaving, and under what conditions may a deposit be returned? That's going to be your guide as to what they owe you.

I don't see any reason why they should be entitled to have the deposit refunded. If they want it, let them sue you for it.

If you want to recover anything from the organization you're going to have to hire an attorney to sue them (or at least write them nasty letters). You might be able to file against them in Concilliation Court if the total amount is less than $7,500. As part of your claim you're going to have to argue that the orgnization is responsible for your roomate's lease because he was acting as an employee when he secured housing.

Stearns County Concilliation Court
http://www.co.stearns.mn.us/departme.../conccourt.htm

asudevil83 · 03-19-2005, 09:22 PM

i just made a thread in Living, and i'd kinda like a little advice on what to do with the "problem"

http://www.tfproject.org/tfp/showthread.php?t=85737

Master_Shake · 03-20-2005, 05:32 PM

asudevil:

Yeah, those student vacation programs are usually scams. The companies aren't going to be around long enough for you to sue, and honestly you've probably signed paperwork disclaiming all liability anyway.

The only thing you can do is never use their service again, chalk it up to experience and move on. Post a note at your school letting other students know it's a scam.

When a vacation program sounds too good to be true it usually is.

jhoward124 · 03-29-2005, 02:24 PM

A long time friend of mine has an outstanding online gambling debt with pay-pro, an online payment program based in Central America, of over $4200 and is in the clink for about 6 months. I read a question on this forum of the same sort however not under these same conditions. 2 questions, first what will happen if he neglects to pay the debt altogether since it out of the US and online gambling debts may not likely be enforced in the states. And second since it will be 6 months before he will be able to pay, what will likely happen between now and then. Thanks.

Master_Shake · 03-30-2005, 08:19 AM

jhoward124:

Where is he in prison?
Where does he live?
Where was he when he was gambling?

jhoward124 · 03-30-2005, 03:10 PM

Georgia is the answer to all three of your questions.

Master_Shake · 03-31-2005, 07:37 AM

Generally, gambling outside of state sponsored lotteries or specifically approved operations is illegal. A person who is owed gambling debts cannot use the legal system to help collect. Courts rely on the theory of "in pari delecto" or "in equal fault." Anyone engaging in any form of gambling bears the burden of his/her actions, and is not protected by law. Additionally, courts will not lend their assistance to the enforement of any contract that violates a state law. Georgia has adopted this reasoning by court rule (I do not have a specific citation at the moment).

Therefore, were the Central American company to attempt to sue your friend for gambling debts, they would not be enforceable, and no court would award them damages. Understand that this assumes Pay-Pro is the gambling operation itself, and not a separate enterprise (like Visa is to Amazon.com). If Pay-Pro is just an intermediary, i.e. it transfers the money from your friend to the gambling company, then any debts to Pay-Pro could be enforceable.

However, even if this were the case, you are still dealing with a foreign company, which would have a very difficult and expensive time trying to collect the debt here in America. It probably wouldn't be worth it for them to actively try to collect $4,200. They'll might wind up sending your friend a bunch of nasty letters (maybe even letters sent through a debt-collection law firm, which is nonsense) and possibly report something to the credit bureaus. Considering he's spending time in the hoosegow, I don't know if his credit report is at the top of his list of concerns.

By ignoring their requests, the worst that can happen is they sue him, and then obtain a judgment against him. I don't know your friend's financial situation but he might be what is known as "judgment proof" in that he has no property, and his income will not be garnished if it is a meager one.

sapiens · 03-31-2005, 08:11 AM

Thank you for the feedback.

Quote:

Originally Posted by Master_Shake

Sapiens:

You have a very jurisdiction-specific question. Not only are adhesion contracts/liability waivers interpreted differently state to state, but sometimes from county to county. If you have serious questions about the safety of the daycare facility you should contact a local lawyer immediately.

Having said that, the form they are asking you to sign does not waive all of your legal right to sue for negligence, but it does make some limitations. While you would probably be able to recover damages for "gross" negligence, you may be unable to do so for "ordinary" negligence. What's the difference?

Ordinary negligence: The daycare worker turns his/her back while your child is running through the field. Your child trips and breaks a limb. The daycare worker has committed ordinary negligence by not watching your child.

Gross negligence: The daycare worker brings a lawnmower into class, flips it upside down, turns it on and then goes for a smoke break completely ignoring your children.

But as I said, you're going to have to speak with a local lawyer to determine the local jurisdiction's feelings to liability waivers/adhesion contracts.

hannukah harry · 04-05-2005, 10:18 PM

okay, here's the situation.

i'm subletting in an apartment, living with 2 girls. i'm sharing a room with one of them. i do not have a signed sublease. they didn't require one. they didn't require a deposit either.

now, we didn't really determine how long i would be subletting for. basically it was that i would move in, and stay for the semester, maybe the summer. about a month ago, around spring break, i spoke to my roommate and she asked what my plans were for the summer. i told her i was looking at moving into a grad school co-op. she said that was good because she had a friend that wanted to move in. we didn't set any dates or anything like that.

anyways, last week, my roommate left a note for me saying that the person was going to be moving in on 4/25 or 4/26 (i think it's been confirmed for the 26th, but i wasn't really paying attention to her bitching earlier tonight). now, this is a problem for me. at the moment, i haven't found a new place to move into. moving home is probably what i'm going to do, and if so, then i'm planning on staying until the 30th, to avoid the commute.

so this evening, the roommate told me that she'd be moving in on whatever day, i told her that wasn't going to work since i was planning at the moment staying until the 30th. she left and later the apartment-mate told me that i was going to have to be out by the 27th. i told her 'no.' i told her my sublease runs through the end of the month, and the new person can move in when i'm out. she disagrees.

she thinks my rent runs from the 27th of the month to the 27th of the next month. this is because they paid rent on dec. 27 before going on vacation. according to her, they also pay rent everymonth by then, although when they had me turn it in while they were gone for spring break, i did it on the 1st, maybe the day before. no problem had.

i say my rent runs from the 1st to the 30th/31st (depending on the length of the month). if i wanted to get technical with them, i could say it is from the day i moved in to the equivalent day minus one (so jan 4th - feb 3rd) the day we had agreed i would move in was the 2nd, so that could also be used as the start date. probably should be used as the start date. (i didn't move in until the 4th because i talked with the apartment-mate who said i should wait until the 3rd because the roommate wouldn't be back until then, and then the roommate said that she wouldn't be back until the late third and they were having a bunch of friends stay for a few days so i should wait until the 4th).

so, to recap:

paid rent around dec 15th, because was going out of town and they needed to pay january rent before they left to go out for vacation.

supposed to move in on jan 2, they pushed it back to the 4th.

moved in on jan 4th, no written sublet agreement, no security deposit. no sublease term dates.

they want summer roommate to move in april 25/26.

i don't plan on moving out until april 30.

they say my sublease ends the 27th (based on when they pay rent), i say it ends april 30th.

am i right? am i wrong?

as it is, the apartment-mate went and told me that she wants me out as soon as possible, she'll even pay me back the pro-rated rent, so i may just do that. to soem extent, i think i wnat to stay until the 30th just to be an asshole, but i'll let the money talk.

Master_Shake · 04-06-2005, 07:01 PM

Without a written contract, your sublease will follow the default rules for the jurisdiction you are in. There are sometimes rules that designate when leases end or start, and your rights in such a situation.

Without knowing your jurisdiction I can offer you this: Without a contract, if she calls the police and claims you are trespassing you've got a 50/50 shot as to whether they will remove you from the premises, or just leave the two of you to work things out.

This will probably never be litigated because of the short time periods and small amounts involved. It's up to you if you want to stick around and cause trouble or leave early.

From a fairness viewpoint, I think you should be given until the 30th, because:

The terms were never spelt out in advance, the oral contract should be decided in favour of the consumer/subleasee, who is in less of a position of power than the leasor.

and

Rents are generally paid for an entire month regardless of the number of days in each month, from the first to the last day.

But fairness isn't going to matter as much as what you can work out with your roomates. Perhaps you could offer to move out your belongings by the 25th, but be allowed to sleep on the couch for the last 5 days so as to avoid the commute.

hannukah harry · 04-06-2005, 07:07 PM

Quote:

Originally Posted by Master_Shake

Without a written contract, your sublease will follow the default rules for the jurisdiction you are in. There are sometimes rules that designate when leases end or start, and your rights in such a situation.

Without knowing your jurisdiction I can offer you this: Without a contract, if she calls the police and claims you are trespassing you've got a 50/50 shot as to whether they will remove you from the premises, or just leave the two of you to work things out.

This will probably never be litigated because of the short time periods and small amounts involved. It's up to you if you want to stick around and cause trouble or leave early.

From a fairness viewpoint, I think you should be given until the 30th, because:

The terms were never spelt out in advance, the oral contract should be decided in favour of the consumer/subleasee, who is in less of a position of power than the leasor.

and

Rents are generally paid for an entire month regardless of the number of days in each month, from the first to the last day.

But fairness isn't going to matter as much as what you can work out with your roomates. Perhaps you could offer to move out your belongings by the 25th, but be allowed to sleep on the couch for the last 5 days so as to avoid the commute.

thanks for the advice... i've actually got proof of paying rent, having paid directly to the company with a check and got a reciept, so i think if the policer were called, it would probably fall in my favor.

but i've decided to off to move out on friday if they're willing to return to me my rent for april in full. as much as i would love to piss them off (i unfortunatly can be vindictive, especially in thought, when i feel slighted and it's justifiable), if they'll do that, then i'll go. since it's the end of the semester and a horrible time to have to up and move, and since i'll be either commuting and spending lots on gas or couch crashing for 2 weeks, i think that the full rent rather than prorating it (2/3's of full) is fair. now to wait and see what they say...

thanks again!

questone · 04-17-2005, 11:06 AM

Thank you very much, and I must say that I appreciate what you're doing.

braisler · 05-09-2005, 10:56 AM

Thread Revival! If there is anyone still willing to answer legal questions, I have an interesting one. My mother-in-law is 62 and her husband passed away 8 years ago. She JUST found out that she was eligible to recieve his Social Security benefits starting at age 60 because she is a widow. She missed out being paid something like $37,000. During that time, she has been living on his pension and regular withdrawals from her investments. Is there any legal recourse for her to get that money back? She asked her CPA that does her taxes and he seemed to indicate that she would have had to apply to begin receiving benefits at 60. The fact that she didn't apply then (the CPA that she has been using for 5 years didn't remind her) means that she is out of luck. This doesn't seem right. Can anything be done?

It seems to me that the Social Security Administration owes her back the amount of benefits that she was due. When her husband was paying into SS all of those years, the process of stealing his money away was automatic and mandatory. But now that she is supposed to get some back, it is up to her to apply to get the money back. What a crock! What can she do?

Thanks in advance.

Axiom_e · 05-09-2005, 11:26 AM

In November of 2001 I was "arrested" and taken down to the local police station.
I am wondering if I was wrongfully detained.

Here is the Story...I was driving down the highway when an unmarked police car pulled me over. I wasn't speeding. The officer asked me to step out of my car. I then looked around befuddled because it looked like every officer in the county was surrounding me. There was even a helicopter/news copter. I heard reports that I was seen on t.v. as a suspect. I was then hand-cuffed without having my Miranda warning read and taken down to the police station. I was questioned about something I didn't even know about for an hour or so. They then had me sign a miranda and a search of the vechicle I was in paper. I was terrified. I still didn't know what they wanted me for. Then two FBI agents and the prosecuter came in. I prosecuter told me I was lieing and they still hadn't told me what I was detained for. Later on in the day around 6pm I was taken to the local FBI headquarter and questioned there. Only then did I know what they thought I was involved with. They thought I was involved with a kidnapping because I met with someone they had under surveliance. I didn't even know the guy. I just got my last paycheck from him, which they kept for a friggin week. They even let that guy our hours before they let me go and he was the one they thought was the kidnapper.

I still get very nervous around police officers till this day. I really would just like an apology, but I never followed up because I am afraid that they will use what I told them while I was scared out of mind against me. I mean I am not a horrible person, but I even confessed to the time when I was five and walked out of a seven-eleven without paying for potato-chips. At first I thought that was what they were bringing me in for.

Did they do anything wong when they immediately handcuffed and put me in the back of a police car without reading me my right? Did I give up my rights when I signed the miranda? Can I get an apology? Should I even ask? I don't think I can ever trust police officers again.

Master_Shake · 05-10-2005, 10:44 AM

braisler

The situation is a crock but unfortunately the government will not pay back social security benefits. The hard line for when she gets her benefits is from when she applies. However, if you can show that the government mislead her about the benefits, for example if the S.S. administrator she spoke with mistakenly told her she was not eligible, she might be able to recover some of the back benefits.

Additionally, if the accountant was in a position to know about the benefits and didn't tell her through negligence he might be liable for what she missed.

Either way I would suggest she schedule an appointment with a Social Security or other Administrative lawyer who can advise her of her rights and options. Many attorneys offer free or low cost initial consultations. To find attorneys who specialize in S.S. call your local county bar association.

Master_Shake · 05-10-2005, 11:04 AM

Axiom_e, please post your jurisdiction. The recourses available to you depend on what state/country you are in.

Quote:

Originally Posted by Axiom_e

Did they do anything wong when they immediately handcuffed and put me in the back of a police car without reading me my right?

Generally speaking:

It is unclear whether they did anything wrong when they immediately handcuffed you without reading your rights. From the facts you describe I don't know if they had probable cause or reasonable suspicion to arrest you. This would depend on your jurisdiction. Associating with known criminals usually isn't enough to justify an arrest, but it differs from state to state.

That they didn't read your rights only matters as to your confession. Any statements you made to the police after arrest but before they informed you of your rights would be inadmissible in nearly every jurisdiction.

Quote:

Originally Posted by Axiom_e

Did I give up my rights when I signed the miranda?

"Signing the miranda" probably means you signed a form waiving your right to speak with an attorney and you agreed to speak with the officers. You may not have been aware of this or been so frightened that you didn't know what else to do, but your fear doesn't matter. As a general rule, you should never waive your right to speak with an attorney or remain silent. The police will promise you all sorts of things and lie to you (yes, cops can lie to you) until you refuse to speak. Nothing you can say at this point can possibly help you. The police are interested in fitting together a puzzle and what kind of piece you are. They have every advantage. No matter how smart or innocent you think you are you will never be better off speaking with the police without an attorney. I cannot stress this enough. When you are a suspect or a "person of interest" the police are not your friend. Your only hope lies in contacting an attorney. If it's a mistake the attorney will help clear it up, if it's not he/she will make sure you understand the situation and your legal rights.

Quote:

Originally Posted by Axiom_e

Can I get an apology? Should I even ask?

As to getting an apology, first you would have to establish that they violated one of your legal rights. Your best chance here is for an illegal arrest not based on probable cause or reasonable suspicion. Jurisdictions differ on whether you can bring such a suit against the government and/or what you can recover. Most likely, even if you live in a state that allows such suits, the cost of suing the police force would be so prohibitive as to make it impossible.

Quote:

Originally Posted by Axiom_e

I don't think I can ever trust police officers again.

As to not trusting cops, I'm not the biggest fan of the police because I see what some of them do firsthand. Whether trusting the police is something you should value in the first place is a question for another thread (Living, politics or philosophy maybe).

BatmanMan · 05-18-2005, 05:29 PM

LLC or INC questions.

Hello,

I operate a business and I'm trying to decide what the best incorporation choice for our business is.
We do media duplication and product fulfillment. We also make many courses and marketing kits.
I did read your post on LLC and INC but I'm still a little confused.

So the question is... What type of incorporation should I choose? And why?
We are located in Texas. The business is a sole proprietorship.
Naturally we are wanting to protect our personal lives from our business lives and we want to choose the best option for the best tax benefits.
Thanks for any advice you can provide

Daniel

Master_Shake · 05-20-2005, 10:01 AM

You're going to need to speak with a local attorney. The laws regarding corporations differ from state to state, and sometimes from county to county. A local attorney is going to be able to tell you which corporation type is best. It's impossible to know all the possible tax and liability consequences unless the attorney is a local one.

Generally, in PA, when possible I advise the formation of an LLC as it gives you more options for tax filing. While this is usually preferable for federal taxes, it may not be for state and/or local tax law.

Contact your local county bar association for a referral.

02-18-2005, 06:20 AM	#87 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	He can try to get a court order preventing demolition, but based only on the presence of his personal items in the house he has a very weak case. Make it clear to him that you plan to start demolition on a certain day. Then send him a certified letter telling him to remove his items by that time. If he fails to do so, remove them yourself and put them in storage. Where is this located? Some jurisdictions have personal property abandonment laws that prevent prior owners from coming back for personal property after a certain amount of time. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-02-2005, 06:54 AM	#93 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	May I assume that this is for a violation of: RCW 46.61.445 Due care required. Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require. 1. Having bald tires is not an effective defense. If you proved you had bald tires, it would only establish that you were still going too fast for conditions (one of those conditions being driving a vehicle with bald tires). You also don't have to be speeding to be driving "too fast for conditions." An effective defense might be that the State cannot prove how fast you were going at all. Unless the guy was there with a radar detector, or you admitted how fast you were going (never confess!) they may be unable to establish that you were travelling too fast. The Magistrate may or may not buy this argument, but it's probably the best available if you choose to fight it. Remember you have to prove that you exercised due care. If you get to argue, your argument should focus on how unreasonable someone else was driving, and that you were doing the most reasonable thing under the circumstances. If the guy ahead of you stopped short for no apparent reason, that might work. 2. It would absolutely not be better to mail your defense in. If you are going to fight this, you should appear. This will give you a chance to speak with the officer, maybe get him to lower the offense, maybe to one with a lower fine. Disobedience to a traffic control device is a favourite of mine. If the cop won't budge or you have to fight the case, you'll need to be there to cross-examine the cop's story and point out his inconsistencies or other problems with his story. Mailing in a defense is almost a guaranteed way of letting the magistrate accept the cop's word and issue the ticket. As an interesting afterthought, look what else I found on the books in Washington: RCW 46.61.665 Embracing another while driving. It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-08-2005, 02:26 PM	#97 (permalink)
Eowyn_Vala Insane Location: There's no place like home..	hmm wishing I would have seen this thread before I wrote mine. Okay I have a roommate who does pot. I don't care that he does unless he is doing it at our apartment. My fiance and I both live there with this roommate as the third person and we've both asked him to go somewhere else, even if it's just outside. We've made it clear that we don't want him doing it there. He still does every so often and aside from calling the police or landlord we haven't been able to get him to quite. He also smokes cigarette inside when we aren't there. Once again neither my fiance nor I really care about his health habits since we both smoke except that we aren't supposed to smoke inside, we want our deposit back and we don't do it for those reasons. I am worried that the neighbors under us will smell it and call the cops or the landlord or that the landlord might when he comes over (our dryer is broken at the moment). Is there any way my fiance or I would be in trouble with the law or the landlord about our roommate's smoking both cigarettes and pot inside? And what can we do to keep ourselves from being responsible or in trouble. I was going to try to have our roommate kicked out and taken off the lease but we only have 2 1/2 months left on the lease and so far everyone else is recommending to try and stick it out. It seems like the easiest thing to do, but I still worry at times. By the way I live in Kansas if that makes any difference. Thanks __________________ Cain: I know what you're doing. I've lead troops into battle before. DG: And, how am I doing? Cain: Well, there's less hugging when I do it

03-12-2005, 04:31 AM	#100 (permalink)
CrotchrocketSlm Crazy Location: St Paul, MN	I had a roommate who was having a room rented out for him by a non-profit organization for training purposes, for the period between Feb 19th to May 19th. The organization, which will remain nameless in this thread (maybe I'll start another thread about them), unbeknownst to any of us, does not believe in treating its employee with such things as working under 50 hours a week or giving them a living wage, or even allowing their workers to unionize, despite the fact that they are pro-Union elsewhere. Suffice it to say, my roommate is leaving after a mere three weeks of their abuse. Now, I have a sublease agreement signed by my roommate that states that this group would have been paying for my roommate's rent for the entire time he was here, he'll testify to that, and that he has had permission from the organization to do this (they had him find his own housing instead of securing it themselves, and he saw my ad online). The one time I did recieve a check from them, it was one of their agents who filled out the check. The rental laws in my state, according to my state Atty General's office, apply to all sublet situations as well, and that even if it was an oral agreement that was a month to month arrangement in nature, the standard in my state is one rental period plus 30 days notice before moving out. Either way, I don't see how they can back out of this. Now this organization is demanding its deposit back and refusing to pay the remainder of the rent for the period that all parties had agreed to. How can I go about fighting this, and perhaps even getting the money they do rightfully owe me? Last edited by CrotchrocketSlm; 03-12-2005 at 05:05 AM..

03-15-2005, 02:52 AM	#101 (permalink)
tecoyah Illusionary	..................test __________________ Holding onto anger is like grasping a hot coal with the intent of throwing it at someone else; you are the one who gets burned. - Buddha

02-15-2005, 02:24 PM	#84 (permalink)
Meier_Link Psycho Location: in a state of confusion	Friends of mine have advised me that if I was hired with long hair they couldn't ask me to cut it after the fact. I'm not sure how legitimate that claim is, however this policy, which many employers use, is discriminatory and offensive. I passed their drug test, I stayed neat and well groomed, and I was a damn good employee. What more can they ask for from me? I think that if I don't take action, then I am doing everyone in my position a disservice.

02-17-2005, 04:27 PM	#86 (permalink)
runtuff Crazy	Home purchase from parents: Recently we purchased my wife's parent's home with the intent to raze the house and build a new house. My father-in-law has refused to remove his personal items from the house. In the purchase and sale there was NO agreement on these items. However we verbally agreed to allow him to remove these items over time. It has been almost 4 months. He thinks he, (my F-I-L) that he can get an injunction preventing us from raising the house. What are my legal options??

02-18-2005, 10:47 AM	#88 (permalink)
runtuff Crazy	In Massachusetts. I like the idea @ sending a certified letter with a time frame and then if he does not comply, packing up the items and storing them. Is it reasonable to insist he pay for the packing and storing before we release the items to him?

02-24-2005, 03:08 PM	#90 (permalink)
runtuff Crazy	Yeah thanks, I'd thought of that, its all so complicated. I have thought we might pack it up and he'd never come for it. Ironic, but he would like that part. Maybe storage containers on the property might work too.

03-01-2005, 10:39 PM	#92 (permalink)
khuct Upright	I have a two-part question. I live in Seattle, Washington. 1) I got into an accident on Thanksgiving. It was raining and traffic was travelling about 50 or so. But all of a sudden traffic started backing up. I don't know what happened but I couldn't stop in time. I tried to hit the brakes---my car skidded and my steering wheel locked. I wanted to release the brakes and steer to the next lane but I think someone was on the next lane and it was perhaps too late. So I slammed into the guy...my airbags popped. There were no injuries reported on the collision incident report and five people were in the car (including 2 kids). But the guy right now is still "going through treatment." My ticket says I was going "too fast for the conditions." But I was going about 50ish...not 60---the speed limit. It wasn't a heavy rain either but just rained enough to get the highway wet. So my question is...is having bad tires a good defense for this case? I took pictures of my tires after the incident and maybe perhaps go to a mechanic and have them mark the bald spots. Is this an effective defense---saying my tires were bald and skidded because of the weather conditions, and bringing pictures to prove it. If that is not an effective defense, what is? I was going the same speed as everyone else, even slower than some. 2) My second question is...would it be more effective to write and mail in my defense rather than appear in court? Thanks in advance

03-02-2005, 02:36 PM	#94 (permalink)
Meier_Link Psycho Location: in a state of confusion	Okay, how's this for a lawsuit? Charlotte, NC -- My girlfriend works at Starbucks, she has worked there for nearly 5 years. For at least the last year she has been working 40+ hours a week. In spite of this fact she has been denied full-time benefits because she is considered a "part-time" employee. Around a month ago she inquired with her store manager about receiving full time benefits since she has been working full time for so long. Now, less than 5 weeks later, she has been demoted, citing a bad "secret shopper" score, complete with paycut and knocking her down to about 13 hours a week. It would seem to me like not only would she have a case, but that there would be the potential for a class-action lawsuit if similar circumstances are prevalent other places in the company.

03-02-2005, 02:52 PM	#95 (permalink)
tres Insane Location: Long Island, NY	My Fiance just started a new job, and they have about 30 employees in a medical office. On an almost daily basis she as well as all the other employees get berated by the boss, seems that he gets of on making himself feel superior by putting you down, and even sexual harrassment. He is so concerned of his employees screwing him over that he has hidden cameras and microphones in both offices so detailed that he can see what they are working on. She's hoping he doesent have cameras in the bathroom too! Question 1- By filing a harassment suit- what would actually happen? would he be charged with something or is it a monitairy fine? Question 2- is he allowed to record all the video and voice?

03-08-2005, 02:54 PM	#98 (permalink)
sapiens Junkie Location: Some place windy	I have a question about a document that my daughter's daycare wants us to sign. The daycare center is run by the state in which I live. The agreement states: "In consideration of my child being permitted to use the INSTITUTION facilities and equipment, I hereby accept all risk to my child's health and of his/her injury or death that may result from such participation. I hereby release the above named institution, its governing board, officers, employees and representatives from any and all liability to my child, my child's personal representatives, estate, heirs, nect of kin, and assigns for any and all claims and causes of action for loss of or damage to my child's property and for any and all illness or injury to my child's person, including his/her death, that may result from or occur at the INSTITUTION, whether caused by negligence or the Institution, its governing board, officers, employees or representatives, or otherwise. I further agree to indemnify and hold harmless the Institution, its governing board, officers, employees or representatives from liability for the injury or death of any person(s) and damage to property that may result from my child's negligent or intentional act or omission while participating in INSTITUTION activities." My question is: Does signing such a waiver give up any and all rights I have to legal recourse if my child is hurt at her daycare due to negligence? Thanks.

03-15-2005, 10:50 AM	#102 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	Sapiens: You have a very jurisdiction-specific question. Not only are adhesion contracts/liability waivers interpreted differently state to state, but sometimes from county to county. If you have serious questions about the safety of the daycare facility you should contact a local lawyer immediately. Having said that, the form they are asking you to sign does not waive all of your legal right to sue for negligence, but it does make some limitations. While you would probably be able to recover damages for "gross" negligence, you may be unable to do so for "ordinary" negligence. What's the difference? Ordinary negligence: The daycare worker turns his/her back while your child is running through the field. Your child trips and breaks a limb. The daycare worker has committed ordinary negligence by not watching your child. Gross negligence: The daycare worker brings a lawnmower into class, flips it upside down, turns it on and then goes for a smoke break completely ignoring your children. But as I said, you're going to have to speak with a local lawyer to determine the local jurisdiction's feelings to liability waivers/adhesion contracts. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-15-2005, 11:00 AM	#103 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	Crotchrocketslm What is the monthly rent and what is the total amount they owe you? It doesn't sound like you've got a contract with someone from the organization's signature on it, rather you've got a contract with your roomate. He may very well be in breach, but that doesn't mean the organization is. Do you have a written lease? What does it provide for notice of leaving, and under what conditions may a deposit be returned? That's going to be your guide as to what they owe you. I don't see any reason why they should be entitled to have the deposit refunded. If they want it, let them sue you for it. If you want to recover anything from the organization you're going to have to hire an attorney to sue them (or at least write them nasty letters). You might be able to file against them in Concilliation Court if the total amount is less than $7,500. As part of your claim you're going to have to argue that the orgnization is responsible for your roomate's lease because he was acting as an employee when he secured housing. Stearns County Concilliation Court http://www.co.stearns.mn.us/departme.../conccourt.htm __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-19-2005, 09:22 PM	#104 (permalink)
asudevil83 Psycho Location: Scottsdale, AZ	i just made a thread in Living, and i'd kinda like a little advice on what to do with the "problem" http://www.tfproject.org/tfp/showthread.php?t=85737

03-20-2005, 05:32 PM	#105 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	asudevil: Yeah, those student vacation programs are usually scams. The companies aren't going to be around long enough for you to sue, and honestly you've probably signed paperwork disclaiming all liability anyway. The only thing you can do is never use their service again, chalk it up to experience and move on. Post a note at your school letting other students know it's a scam. When a vacation program sounds too good to be true it usually is. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-29-2005, 02:24 PM	#106 (permalink)
jhoward124 Upright	Friend in Debt and Jailed A long time friend of mine has an outstanding online gambling debt with pay-pro, an online payment program based in Central America, of over $4200 and is in the clink for about 6 months. I read a question on this forum of the same sort however not under these same conditions. 2 questions, first what will happen if he neglects to pay the debt altogether since it out of the US and online gambling debts may not likely be enforced in the states. And second since it will be 6 months before he will be able to pay, what will likely happen between now and then. Thanks.

03-30-2005, 08:19 AM	#107 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	jhoward124: Where is he in prison? Where does he live? Where was he when he was gambling? __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

03-30-2005, 03:10 PM	#108 (permalink)
jhoward124 Upright	Georgia is the answer to all three of your questions.

03-31-2005, 07:37 AM	#109 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	Generally, gambling outside of state sponsored lotteries or specifically approved operations is illegal. A person who is owed gambling debts cannot use the legal system to help collect. Courts rely on the theory of "in pari delecto" or "in equal fault." Anyone engaging in any form of gambling bears the burden of his/her actions, and is not protected by law. Additionally, courts will not lend their assistance to the enforement of any contract that violates a state law. Georgia has adopted this reasoning by court rule (I do not have a specific citation at the moment). Therefore, were the Central American company to attempt to sue your friend for gambling debts, they would not be enforceable, and no court would award them damages. Understand that this assumes Pay-Pro is the gambling operation itself, and not a separate enterprise (like Visa is to Amazon.com). If Pay-Pro is just an intermediary, i.e. it transfers the money from your friend to the gambling company, then any debts to Pay-Pro could be enforceable. However, even if this were the case, you are still dealing with a foreign company, which would have a very difficult and expensive time trying to collect the debt here in America. It probably wouldn't be worth it for them to actively try to collect $4,200. They'll might wind up sending your friend a bunch of nasty letters (maybe even letters sent through a debt-collection law firm, which is nonsense) and possibly report something to the credit bureaus. Considering he's spending time in the hoosegow, I don't know if his credit report is at the top of his list of concerns. By ignoring their requests, the worst that can happen is they sue him, and then obtain a judgment against him. I don't know your friend's financial situation but he might be what is known as "judgment proof" in that he has no property, and his income will not be garnished if it is a meager one. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

04-05-2005, 10:18 PM	#111 (permalink)
hannukah harry Junkie	need help on a roommate situation! okay, here's the situation. i'm subletting in an apartment, living with 2 girls. i'm sharing a room with one of them. i do not have a signed sublease. they didn't require one. they didn't require a deposit either. now, we didn't really determine how long i would be subletting for. basically it was that i would move in, and stay for the semester, maybe the summer. about a month ago, around spring break, i spoke to my roommate and she asked what my plans were for the summer. i told her i was looking at moving into a grad school co-op. she said that was good because she had a friend that wanted to move in. we didn't set any dates or anything like that. anyways, last week, my roommate left a note for me saying that the person was going to be moving in on 4/25 or 4/26 (i think it's been confirmed for the 26th, but i wasn't really paying attention to her bitching earlier tonight). now, this is a problem for me. at the moment, i haven't found a new place to move into. moving home is probably what i'm going to do, and if so, then i'm planning on staying until the 30th, to avoid the commute. so this evening, the roommate told me that she'd be moving in on whatever day, i told her that wasn't going to work since i was planning at the moment staying until the 30th. she left and later the apartment-mate told me that i was going to have to be out by the 27th. i told her 'no.' i told her my sublease runs through the end of the month, and the new person can move in when i'm out. she disagrees. she thinks my rent runs from the 27th of the month to the 27th of the next month. this is because they paid rent on dec. 27 before going on vacation. according to her, they also pay rent everymonth by then, although when they had me turn it in while they were gone for spring break, i did it on the 1st, maybe the day before. no problem had. i say my rent runs from the 1st to the 30th/31st (depending on the length of the month). if i wanted to get technical with them, i could say it is from the day i moved in to the equivalent day minus one (so jan 4th - feb 3rd) the day we had agreed i would move in was the 2nd, so that could also be used as the start date. probably should be used as the start date. (i didn't move in until the 4th because i talked with the apartment-mate who said i should wait until the 3rd because the roommate wouldn't be back until then, and then the roommate said that she wouldn't be back until the late third and they were having a bunch of friends stay for a few days so i should wait until the 4th). so, to recap: paid rent around dec 15th, because was going out of town and they needed to pay january rent before they left to go out for vacation. supposed to move in on jan 2, they pushed it back to the 4th. moved in on jan 4th, no written sublet agreement, no security deposit. no sublease term dates. they want summer roommate to move in april 25/26. i don't plan on moving out until april 30. they say my sublease ends the 27th (based on when they pay rent), i say it ends april 30th. am i right? am i wrong? as it is, the apartment-mate went and told me that she wants me out as soon as possible, she'll even pay me back the pro-rated rent, so i may just do that. to soem extent, i think i wnat to stay until the 30th just to be an asshole, but i'll let the money talk. __________________ shabbat shalom, mother fucker! - the hebrew hammer

04-06-2005, 07:01 PM	#112 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	Without a written contract, your sublease will follow the default rules for the jurisdiction you are in. There are sometimes rules that designate when leases end or start, and your rights in such a situation. Without knowing your jurisdiction I can offer you this: Without a contract, if she calls the police and claims you are trespassing you've got a 50/50 shot as to whether they will remove you from the premises, or just leave the two of you to work things out. This will probably never be litigated because of the short time periods and small amounts involved. It's up to you if you want to stick around and cause trouble or leave early. From a fairness viewpoint, I think you should be given until the 30th, because: The terms were never spelt out in advance, the oral contract should be decided in favour of the consumer/subleasee, who is in less of a position of power than the leasor. and Rents are generally paid for an entire month regardless of the number of days in each month, from the first to the last day. But fairness isn't going to matter as much as what you can work out with your roomates. Perhaps you could offer to move out your belongings by the 25th, but be allowed to sleep on the couch for the last 5 days so as to avoid the commute. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

04-17-2005, 11:06 AM	#114 (permalink)
questone Crazy	Thank you very much, and I must say that I appreciate what you're doing.

05-09-2005, 10:56 AM	#115 (permalink)
braisler Addict Location: Midway, KY	Thread Revival! If there is anyone still willing to answer legal questions, I have an interesting one. My mother-in-law is 62 and her husband passed away 8 years ago. She JUST found out that she was eligible to recieve his Social Security benefits starting at age 60 because she is a widow. She missed out being paid something like $37,000. During that time, she has been living on his pension and regular withdrawals from her investments. Is there any legal recourse for her to get that money back? She asked her CPA that does her taxes and he seemed to indicate that she would have had to apply to begin receiving benefits at 60. The fact that she didn't apply then (the CPA that she has been using for 5 years didn't remind her) means that she is out of luck. This doesn't seem right. Can anything be done? It seems to me that the Social Security Administration owes her back the amount of benefits that she was due. When her husband was paying into SS all of those years, the process of stealing his money away was automatic and mandatory. But now that she is supposed to get some back, it is up to her to apply to get the money back. What a crock! What can she do? Thanks in advance.

05-09-2005, 11:26 AM	#116 (permalink)
Axiom_e Tilted Location: United States, East Coast, New Jersey	In November of 2001 I was "arrested" and taken down to the local police station. I am wondering if I was wrongfully detained. Here is the Story...I was driving down the highway when an unmarked police car pulled me over. I wasn't speeding. The officer asked me to step out of my car. I then looked around befuddled because it looked like every officer in the county was surrounding me. There was even a helicopter/news copter. I heard reports that I was seen on t.v. as a suspect. I was then hand-cuffed without having my Miranda warning read and taken down to the police station. I was questioned about something I didn't even know about for an hour or so. They then had me sign a miranda and a search of the vechicle I was in paper. I was terrified. I still didn't know what they wanted me for. Then two FBI agents and the prosecuter came in. I prosecuter told me I was lieing and they still hadn't told me what I was detained for. Later on in the day around 6pm I was taken to the local FBI headquarter and questioned there. Only then did I know what they thought I was involved with. They thought I was involved with a kidnapping because I met with someone they had under surveliance. I didn't even know the guy. I just got my last paycheck from him, which they kept for a friggin week. They even let that guy our hours before they let me go and he was the one they thought was the kidnapper. I still get very nervous around police officers till this day. I really would just like an apology, but I never followed up because I am afraid that they will use what I told them while I was scared out of mind against me. I mean I am not a horrible person, but I even confessed to the time when I was five and walked out of a seven-eleven without paying for potato-chips. At first I thought that was what they were bringing me in for. Did they do anything wong when they immediately handcuffed and put me in the back of a police car without reading me my right? Did I give up my rights when I signed the miranda? Can I get an apology? Should I even ask? I don't think I can ever trust police officers again.

05-10-2005, 10:44 AM	#117 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	braisler The situation is a crock but unfortunately the government will not pay back social security benefits. The hard line for when she gets her benefits is from when she applies. However, if you can show that the government mislead her about the benefits, for example if the S.S. administrator she spoke with mistakenly told her she was not eligible, she might be able to recover some of the back benefits. Additionally, if the accountant was in a position to know about the benefits and didn't tell her through negligence he might be liable for what she missed. Either way I would suggest she schedule an appointment with a Social Security or other Administrative lawyer who can advise her of her rights and options. Many attorneys offer free or low cost initial consultations. To find attorneys who specialize in S.S. call your local county bar association. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

05-18-2005, 05:29 PM	#119 (permalink)
BatmanMan Insane	LLC or INC questions. Hello, I operate a business and I'm trying to decide what the best incorporation choice for our business is. We do media duplication and product fulfillment. We also make many courses and marketing kits. I did read your post on LLC and INC but I'm still a little confused. So the question is... What type of incorporation should I choose? And why? We are located in Texas. The business is a sole proprietorship. Naturally we are wanting to protect our personal lives from our business lives and we want to choose the best option for the best tax benefits. Thanks for any advice you can provide Daniel __________________ Do you want to ride in the Batmobile?

05-20-2005, 10:01 AM	#120 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	You're going to need to speak with a local attorney. The laws regarding corporations differ from state to state, and sometimes from county to county. A local attorney is going to be able to tell you which corporation type is best. It's impossible to know all the possible tax and liability consequences unless the attorney is a local one. Generally, in PA, when possible I advise the formation of an LLC as it gives you more options for tax filing. While this is usually preferable for federal taxes, it may not be for state and/or local tax law. Contact your local county bar association for a referral. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.