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Everything posted by ElleMD

  1. You already filed a complaint. BOLI will tell you whether it is a viable complaint when they investigate. We can't predict what their findings will be based on only your side of the story.
  2. For Resident Aliens, a green card will get them into Canada. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=593&top=16
  3. Why is your son, their supposedly clean and sober father, not caring for them? If his wife is having issues with drugs, HE is the one who needs to get her help, or divorce her and seek custody. Or at least change a diaper. Assuming the reports of a 6 year old are accurate. It is really unclear how you supposedly have legal custody, and not either of the parents, yet the children live with one at least one of the parents. Did a court actually grant you guardianship or custody of some kind? Or did your son just ask you to take the kids for a bit and you gave them back to his wife?
  4. He can just use his "green card" to travel between the US and Canada. If he is Canadian, there is no issue with his entry into the country. At the US border, his green card would allow him to travel back into the US. No visa is needed.
  5. This is an oversimplification, but hopefully it helps you understand. The way it works when someone dies without a will is there are certain assets such as life insurance policies and pensions which usually specify a named beneficiary and the value of those assets go to that person. Sometimes bank accounts and homes are set up in such a way that ownership transfers to another person upon their death, sometimes not. If not, those assets go into the estate pot, along with any other personal property they owned. Anything they owned jointly with another person does not go into the pot because you can't give away half of someone else's property. If they lived together for 10 years, there probably is substantial joint property. This would not require that they be married. Anything he "gifted" her in the course of their relationship would also be hers to keep. The pot goes through probate and there are laws in each state that govern how those assets are to be divided. Probate is essentially the judicial process of settling the estate. Debts get paid off first, then assets are distributed. A spouse has legal standing to inherit even if there is not a will, but a girlfriend/fiancee/partner/roommate does not. The onus is on her to prove she had a legally recognized marriage, not on you to try and prove one did not exist. A for the pension, the beneficiary is designated with the plan administrator, meaning your father would have had to file the paperwork with the administrator directly. The fact that she is not an actual spouse may impact how that benefit is paid (usually only legal spouses are eligible for a monthly benefit as opposed to a lump sum payout), but that is a matter for the plan administrator to deal with. They will take care of it.
  6. Use whatever term you like for things an 11 and 9 year old have overheard during their visits. The parents need to be the ones discussing this directly with one another and using young children to convey information back and forth.
  7. What did your most recent custody/visitation order say with regard to your access to the child(ren)? So you gained the legal ability to be around the children 3 years ago but never filed for either a modification of or enforcement of the prior agreement? Do you really have no idea at all where the child is living? As simply a practical matter it is going to be difficult to do much of anything if you have no clue what city or state the child is in.
  8. What is his current status and of which country is he currently a citizen? That is what will govern his entry to Canada and subsequently, back to the US. Citizenship is not required and certainly not something which can be obtained quickly.
  9. How long have you been without contact with your children? Did you file to enforce custody/visitation at any time? Who has custody of them now? Was that custody the result of a court action or just an unofficial temporary situation?
  10. An emergency contact has nothing to do with HIPAA. HIPAA governs with whom private medical information may be shared. If you had previously designated your mother and brother and being able to receive that information, you would need to revoke that designation in writing. Simply asking they not be the ones notified in the event of an emergency is not the same thing. Further, just calling your mother or brother would not violate HIPAA. Was medical information shared with them?
  11. There is no "we" here. It doesn't matter if they were only married for 5 years. The spouse could remain in the marital home in 99% of circumstances. It isn't clear when the kid's will was written, but it sounds like it was before the marriage. It isn't clear what happened in court. 1. Judge found the new will more believable and he property contained in the will goes to the spouse. In this case, "we" didn't prove that the will was forged and I'm not sure how you would know your sister didn't create a new will. If there are 3 witnesses and the spouse all saying she did create a new will, it is going to be difficult to prove ALL of them are lying. 2. Judge found the kid's will valid but the spouse is permitted to remain in the house for life. 3. Judge found that there was no valid will and the estate will be divided accordingly.
  12. You miss the point. You had more than ample notice to make arrangements for your belongings. Where you took them wasn't your landlord's problem. That he didn't just throw it all out in the trash does not mean he had any particular duty to protect your things. You didn't care enough about them to secure them in the course of several months. Why should your landlord be more responsible for your belongings than you are? Your former neighbor owes you even less of a duty. The neighbor really isn't responsible for your belongings. If you had a written contract with the landlord and were paying to store things at the house, it would be different.
  13. What does your divorce decree say?
  14. When you asked your ex husband about the sleeping/living arrangements what did he say? Relying on the hearsay of an 11 and 9 year old is a bad idea. The others are correct that there aren't any laws against children of the opposite gender sharing a room. I have a friend with a 7 bedroom house, and her son and daughter voluntarily share a room. So do the two younger kids, though both are boys.
  15. Casinos hire security to protect their own interests, not provide protections to customers per se. That would be a personal body guard. Security guard are not sworn police officers (unless moonlighting by coincidence) so their effectiveness in an armed robbery situation is going to be minimal. Read: They aren't going to take a bullet for you.
  16. It is really difficult to understand your question. Your sister died. She was married and had 2 adult children. There were at least 2 copies of the will; one leaving "everything" to the children, and one the spouse. At some point this ended up in court and the judge upheld the spouse's copy of the will? It isn't clear if there were assets that were outside of the will (not uncommon), or if the will included items which were marital property and therefore not eligible to be "given away". Typically the spouse is permitted to remain in the marital residence, even if his or her name was not on the deed.
  17. While there are host country nationals working in the embassy, they are run by the State Department and the senior staff are US citizens. That is how embassies work. It shouldn't be surprising that one be fluent in the language spoken in the country where one works. I don't know the circumstances of your repatriation. Typically, citizens are responsible for their own travel arrangements except in dire circumstances. In those cases, the embassy will make the arrangements, and will front the costs, but you do owe the money back. I have more experience with this than I would like, but $15K, is on the low end of what it can cost. Travel insurance with an evac rider is worth it.
  18. The above are correct. If he files for a modification, be prepared for a reduction. While some amount of income is imputed for the purposes of calculating what is due, it won't necessarily be what he was making previously, particularly if he is in a foreign country due to a spouse's job. It would not be considered reasonable to expect someone to live in a different country than their spouse for the sole purpose of keeping up their child support payments.
  19. Something does not add up here. If your wife died, no court be necessary to grant you custody of your own child. Since there is obviously quite a bit more to the story, I'd advise you to speak with a family law attorney in your area.
  20. You misunderstand how the law works. For one, someone hiring a client's relative to perform work at their personal home might be against your employer's rules, but there would be no legal basis to successfully sue the employer for any injury sustained in the performance of that work. Regardless, there is nothing which would require your employer to treat both of you the same and fire you both. *Maybe*, if you both did the exact same thing and both took money from a client or both hired a client's relative, AND there was some reason to believe that the only reason one of you was fired and the other not was your race, that would be a violation. There are still a million other entirely legal and non-discriminatory reasons two people could commit the exact same offense and be treated differently. Tenure, the supervisor making the decision, history or questionable choices, overall performance, manager versus non-manager, when the offense occurred, etc. In your case, that is irrelevant as whether you think they should have been treated the same or not, they were not the same offense. On top of that you still have all the other factors that are entirely legal to consider when handling employee misconduct. There is nothing you can do to force your employer to fire the other person. You might still think it is unfair, but that does not make it illegal. I'm even less sure what you want to do about the reference. It simply is not illegal nor discriminatory to select a different candidate based on who they put down as a reference and or what that reference said. It isn't clear if the reference was called or not, but either way, it is not evidence of racial discrimination against the candidate- the race of the candidate was already known and "not an issue". The whole purpose of contacting references is to deselect undesirable candidates before an offer is made. It is not uncommon at all to decide against a candidate at the reference phase. Either of us can only speculate why that reference was listed and what was problematic about including that reference, but as the race of the candidate was already known, I'm not sure why you seem to conclude that objecting to that person serving as a reference is evidence of racial discrimination. If it was a general comment about the organization, it still wouldn't be evidence. I might deselect a candidate who included personal friends and not professional references, or only included references they worked with for a very short period of time, etc. The point is, you have no idea, or at least haven't shared anything that would even hint at racial discrimination against this other person. It wouldn't create any sort of cause of action for you regardless.
  21. While unfortunate that the son was injured, I don't see how that changes anything with regard to the severity of the violation. Unless the coworker purposely caused the accident, it was just that, an accident. Hiring the relative of a client to perform some task and paying them accordingly is quite different than charging a client directly for a service you aren't supposed to be performing for her. For starters, one is giving money to someone for performing work, while another is taking money from a client. Not hiring someone because of who they selected as a reference isn't indicative of discrimination either. There are any number of reasons that might have been a questionable or poor choice of reference. I'm not sure what the the fact that they work for an organization which supports a minority population has to do with the candidate herself being discriminated against on the basis of race. Presumably the race of the candidate was known prior to even looking at the references. Having been in recruiting, yes, there are any number of red flags that can go up when looking at the list of references and what those references say that are not in any way discriminatory. Based on what you shared, there is just not enough information to know why there was a concern and whether that concern was justified.
  22. Your "friend" needs to talk to a family law attorney. Ultimately, he needs to understand that sole physical custody is extremely rare and the likelihood that a judge would agree he could move the children several states away from their current home and mother is remote. Even if he did move with the kids, he would be almost assuredly responsible for the cost of transporting the children to and from their visits with the mother. Their marital issues are not a good reason to deny custody. I'm not sure where the notion that one should lose custody because they cheated on a spouse came from but it is not accurate. There could be more to the story that would impact this, but that is something he would need to discuss with an attorney. I doubt he would appreciate you airing his dirty laundry on a public message board.
  23. So you knew by mid-August you had to move. The COURT told you that you had to be out by October 7, more than 2 months after you knew for certain you had to move. yet, it was not until 2 days later you asked the landlord for additional time. Several weeks and a bunch of excuses later you still hadn't moved your things to storage or wherever you were living. Why at the very least you wouldn't have moved your clothing or these family heirlooms in the several months you had to do so boggles the mind. At this point, all you can do is file a police report for stolen property and or sue her in small claims court if you know she took certain items. If the police won't act because in essence, you abandoned your property, and months later that is what you did, small claims is your only recourse. Note you won't necessarily get the items back but can sue fr the value of those items. Expect to explain in court how you hadn't abandoned those belongings months after you were to have them removed.
  24. If you have insurance and the car isn't repaired, the most insurance will pay is the value of the car. If the person opts to repair the car, you owe the cost of the repairs. You are going to have a very difficult time making an argument that any judge will buy that your neighbor owes you for your lost work time for an injury you sustained only because your do attacked theirs, but nothing stops you from trying.
  25. A name change by either the step daughter or your spouse does not have any impact on the will.