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  2. It does not strike me as “unfair” to hold the employee assigned the register to be accountable for it. He or she should not just let anyone else access the register during his/her shift. When I worked retail many years ago that was the policy there, too: each person was responsible at the end of the shift for his/her assigned cash drawer. More to the point, whether fair or not, it is legal for the employer to have that policy.
  3. Today
  4. Why I'm writing about my Works policy. I believe the policy to be onesided. The policy is only one person per cash register.They do not enforce the policy considering, they let anyone not assigned to register use another person's register. Despite what the policy clearly states only one person per register is allowed. The one person assigned to that register is held responsible for any and all transactions made by employees not assigned to that register. Is this not unfair?
  5. Yesterday
  6. Dui

  7. What you need to do is contact a local family law attorney. I suspect since the custody orders originated out of GA that you will have to proceed in GA but talking with a local attorney would verify that.
  8. There isn't. They have no legal obligation to accept you/your child as a patient, barring a life-threatening situation. In which case they have no further obligation once the patient is stable.
  9. I was not sure if there was one... that’s why I posted it here.
  10. What law do you believe exists that requires any given doctor's office to treat you/your child, outside of a life-threatening situation?
  11. My child is double covered through private insurance (through dad) and state insurance through me). We are divorced. We went to a specialist a few months ago and needed a follow up appointment yesterday. The first appointment I didn’t tell them we were double covered because I knew they didn’t take state insurance. Yesterday I asked thinking maybe they started taking it. After telling the front desk person she said “ well, that’s a problem. We can’t see you, if you have state insurance. Even thought we don’t take it.” I’m sorry what? I’m not asking you to bill the state. The private insurance is primary. “ If you have state insurance we are not allowed to collect any money from you at all. It is illegal. The reason you have state insurance, is you are low income and you can’t afford to pay you medical bills.” She said. Talk about making me feel like a piece of crap. I am more than willing to pay the co-pay and or Deductible. I have a special needs child that has been double covered for years had has been to many specialist appointments that don’t take state insurance and have always been able to only use the primary insurance, and paid the remaining balance. I told the front office person this and said you must be mistaken. She needed to contact her supervisor. Her supervisor got on the phone with me and said the same thing again, “if you have state insurance you can’t afford to pay your bill and we can’t collect money from you so we can’t see you.” At this point I was so upset. Embarrassed, mad, and frustrated because I knew they were wrong. I went outside and found the information on the Washington health authority website and went back in and showed it to the front desk person. Wrote down where I found the information and told her to give it to her supervisor. Then left, I won’t be back. Does a private doctors office have the right to do this?
  12. Ok very quick story here. I have legal custody and legal guardianship of my grand child. Both parents signed a paper saying they agreed to the placement of the child permanently with me and my husband. As far as I know the rights didn't need to be terminated, since they just signed the child over. The child had been in the foster care system for over a year before I got the child. That was in the state of GA and I live in NY. In my papers the parents have no rights or visits, it states that me and my husband make all the choices and decisions. I don't have to even let them contact the child. MY paperwork says permanent custody and guardianship until the child is 18. NEITHER OF THIS Childs parents will every try to take me back to court and DFACs said they couldn't. BUT I would like to adopt the child. But what do I need to do. Do I have to go back to GA, or can I have this done in NY. The father is willing to consent to the adoption but the mother would fight. Is there some abandonment clause I can use ? Do I have to get her consent to adopt this child? I get no help from the state. The state is not involved or following me at all. I did NOT do a kinship placement. I just went to the court and the parents wiling signed him over to me. DFACs retains nothing of him and has not even contacted me since the day I took the child. He is on my health insurance and I do all the things for him. So now I need to know how to adopt this child. HELP
  13. The employer, not you, decides how much time he wants you to work. You do not have the right under the law to work all the hours you want. If the employer does not want you working more than 40 hours, then you don't work more than 40 hours. It is neither illegal discrimination nor illegal harassment, nor in fact any kind of illegal threat, for him to require you to justify the overtime. So if he wants you to justify the time, I suggest you be prepared to do so because he is not "wrong" to demand it. You can, in fact, be fired for working unauthorized overtime.
  14. Dui

  15. An employer is free to tell employees the employer does not want the employees to work any more than 40 hours a week. The employer must pay non exempt employees overtime for any time worked over 40 hours in the week, but nothing prohibits an employer from firing employees who work over 40 hours in a week, especially when the employer has told employees not to work more than 40 hours. I see nothing here that amounts to illegal discrimination or illegal harassment. Under federal law it is illegal for employer with 15 or more employees to discriminate against an employee because of the employee’s race, color, national origin, citizenship, sex, religion, age (if the employee is at least age 40), disability, or genetic test information. Under Illinois law is illegal for an employer to discriminate against an employee because of the employee’s race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, citizenship status, age (40 and over), marital status, unfavorable military discharge, military status, genetic information, arrest record, victims of domestic violence, physical, mental or perceived handicap/disability, or sexual orientation (including gender-related identity). Harassment based on one of those listed characteristics is considered illegal discrimination, too. Firing an employee for any reason other than those listed in the previous paragraph is not illegal discrimination by the employer. Thus, firing you because you worked more than 40 hours a week is not illegal discrimination. In short the employer has the right to fire you over this if it wants and acting like the employer is doing something illegal by coming down on you for working over 40 hours a week likely won’t go over well and might make it even likely that they’ll show you the door.
  16. Ok, so, after working 40.83 hours in a week I was double shifting as a part time supervisor at UPS, I got a text from my boss asking what he was going to do about it. Isn't there no reason for him to want to do anything a out it? I never made an agreement to not work more than 40 hours in a week. However management has been making vague threats to all of the supervisors like, "...if you work more than 40 hours you better be prepared to have an explanation for the division manager..." I would say that is not an agreement, but a threat, yes? So I'm just trying to be prepared for when I go in on Tuesday, they're either going to take away doubleshifting from me, or, fire me. So I just want to be prepared to be able to tell them they're wrong, I just don't know the legal situation they're putting themselves in or how to explain it to them without sounding like I'm planning to come after them, which I'm not, I just want them to leave me alone. So, am I being harassed? Discriminated against? Did I do something wrong? re they doing something wrong? How do I protect both my job and my doubleshifting assignment? If they do fire me, was it for no wrongdoing?
  17. So - are you able to complete the essential function of the changed job description? Would you need an accommodation to do so, and if so what?
  18. I was hire March of 2002, with the help of The Division of Vocational Rehabilitation. I have been a Door Greeter for those 14 years, back in July of 2016 I was inform that the requirements for my job were changing and there were no other positions that i qualify for so i was forced to resign. one year later i was asked to come back with my same disability. and hire as a host , which was the same job with just a new name. two months after being hire i was told again that the job requirements, had just changed again and it would require me to have my Doctor fill out given forms.. After receiving the return of these doc's from my, doctor i am told that i have 30 days to get a transfer to another store or i will be let go.
  19. Last week
  20. Good luck with that. You're hanging your hate on the wrong part of the question-->if you fail drug diversion, the judge can sentence you to prison for more than a year. Your case is not over, it's still pending. The cases here that I was referring to they had completed diversion and the case was dismissed and DOJ hung their hat on the guilty plea to a felony. There aren't any cases that support what you want them to say. United States v. Chambers, 922 F.2d 228 (5th Cir. 01/14/1991); Dickerson v. New Banner Inst. Inc., 460 U.S. 103, 103 S. Ct. 986, 74 L. Ed. 2d 845 (1983). Dixon v. U.S., 548 U.S. 1, 5 (2006) might help your attorneys formulate an argument but until your state case is over, as the feds are concerned, you're under indictment and you can still be sentenced to prison.
  21. I think what you need is an attorney.
  22. LOL,yes,and of course that's what I meant.I'm still laughing on that one. Anyway,I will check this book out,and Thanks for sharing.I did read the book,",by Barry Scheck,and Peter Neufeld,and found it to be very informative.The authors do cover "Junk Science," in it,and ,"Misidentifications,which I really thought much of,and agreed with.
  23. Hard to say without actually reading the contract. But, if what you say is accurate, I agree that you should be making a wage claim: That, of course, assumes that you are an employee and not an independent contractor.
  24. I signed an employment contract (commission only) which stated the following specific to how I was paid and determination of commissions earned: Any awarded contract that Consultant was responsible in signing that inputs for work at a contracted maintenance facility, will be paid to Consultant per the terms of the agreement. The company I worked with received an e-mail confirmation that we were awarded the contract from the customer before I left, but the contract was signed after I left. My interpretation is since I was responsible in getting the contract awarded, and subsequently signed, that I am entitled to the commission. My research shows: Agreements which have omitted mention of when the commission is earned, may well expose an employer to potential liability if commissions are withheld after the point of sale. Indeed, ambiguous agreements are generally interpreted in favor of the employee. comments are appreciated.
  25. Not really a conviction per say cause they understand I am not convicted and have agreed to that statement. Without giving to much detail I filled out a firearm related form a year after i pled guilty and was in drug court. The question said something to the effect "are you currently under indictment or information in which the judge could imprison you for more than a year" I said no because the drug court officials said I was NO LONGER under indictment since i pled guilty. so I marked NO to the question. Now the ATF have executed a search warrant on my home and took every firearms and ammunition that they could find cause they are stating im still UNDER INDICTMENT thus a "prohibited person" under federal law to possess a firearm. They said they are planning on indicting me on federal firearms violations and false statements simply because of that one question. We are about to ask them to provide evidence which i assume is case law or something in the state of Mississippi that CLEARLY states I'm still under indictment since I have already pled guilty. Im just an engineer and not an attorney but I would think that by definition of indictment when i pled guilty I would not technically be under indictment because i PLED !! and the definition of indictment is A CHARGE OR FORMAL WRITTEN ACCUSATION CHARGING SOMEONE WITH A CRIME. a practical mindset tells me that since i PLED i wouldnt be under indictment any more. simple fact is I'm going to need something more that a verbal argument to fight the DOJ on this issue. im going to need some case law or something......
  26. No. Not at all. Not anywhere. It's strictly an owner's prerogative to choose the criteria to apply to prospective tenants. Not surprising that an eviction free history requirement has become prominent. Many owners used it decades ago but with more and more owners on the internet exchanging war stories the word has spread that someone with an eviction on his record is a bad risk to rent to. You couple that with other negative entries on a credit report and a low credit score and anybody with that kind of history becomes a pariah to prospective landlords. All you can do is keep looking. Maybe to smaller apartments or homes with individual owners who might budge if you paid a larger security deposit.
  27. Okay your issue is what are the feds considering a conviction. The DOJ generally doesn't consider a DEJ as a conviction so your attorneys just need to push back. It's generally understood that you are not "convicted" until formal sentenced is imposed. I don't know if there's caselaw on it or not. It's happened in my state and we just argue with them and they back off.
  28. I bought a car from a "friend" and before I got the title my engine burned up. A guy I grew up with owns an auto repair shop and towed my car to his shop, diagnosed it and said he would replace the engine for $1200 which was the price for a new engine only, no labor or anything else. He told me that I could pay him out but that i had to do it in cash only. I still owed 600 and he calls me in the middle of the night and says he was in trouble and if i would give him 300 right then that he would consider my car paid in full and he would have my car back to me in 3 days. I couldn't come up with the money and so I ended up paying him the remaining 600 a few days later. Every week he would tell me that my car would be ready next week, then next week would come and it still wasnt ready. After this went on for about 2 months, i found out he never even ordered the engine. Then he gives me his "personal" truck to drive, and said i could use it until he fixed my car, but instantly things started going out on the truck, (i.e., the tire, then the starter, then the belt, then the tension pulley, then it started over heating, lastly the inspection went out). Meanwhile, every week he's again telling me next week, next week, 5 months later, i still don't have my car back and i call him and he tells me it's almost done and he is so sorry for all of the run around, and that he is gonna give me back 300 that i paid when my car is ready. So I call him on the day it's supposed to be ready and he tells me to talk to his GM who tells me again, no engine had been ordered. So I talk to my friend again and he tells me he is sorry for all of the confusion, and that this time he is gonna give me back all of my money when my car is fixed. Then a month later tells me that my car will be ready at the end of the week, and to be there at 645 on friday evening to pick up my car, so on fri i call and this time im told his mechanic quit on him but he has a new guy starting and it will be ready on tues at the very latest. So tues comes and again im told there hadnt even been a motor ordered. So understandably upset i texted him that i wanted my &&(^%%^ car back, and he texts me back very irate telling me that he was going to raise the price of my repair to full price and that i had to return his truck to him by that evening or he was going to report it stolen and then tells me to go get my car as is and he isn't giving me any money back then tells me there is a new rule that if i cant produce my title then i cant have my car back period. So I try to apologize for cussing at him and he wont accept my apology and quits responding to me period. I call up to the shop a week later and talk to a new guy who says they had ordered 3 different motors and they were all the wrong ones and that he was going to personally order it and call me back that evening to tell me a status. Then my x husband went up there the next day and talks to that same guy who said my friend tried to do me a favor but actually quoted me a price that wasnt even enough money to buy the new engine and that I need to pay 600 more dollars if i want my car fixed. It has now been almost 7 months and noone will answer my calls and i still have no car. what do i do?
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