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Found 26 results

  1. My job has me going to Colorado on two weeks. It is a mandatory trip. My ex gets the kids Friday at 5pm til Sunday at 5pm. The weekend he gets them I will have left 3 days prior. My family can't help me get the kids to the meeting place which is an hour drive. I txtd the ex 2 weeks in advance telling him the news and I sd there are options. 1. Take them this Easter wknd when I am suppose to have them. 2. Come and pick the kids up the day he is suppose to have them. 3. Wait to see the kids the weekend after I get back. He responded saying he will take me to court if I cannot have the kids at the meeting place when they are suppose to be. Again in told him I have a mandate ry trip for my job, not pleasure trip and I have no one to help me that weekend. Please work with me on that weekend. My questions are....can I really get punished by a job for a mandatory job trip? I gave him 2 weeks notice and sd there are options. Would a judge really punish me for leaving for my job? I could lose my job if I refuse to go. Would a judge basically tell my ex to work together on this and compromise once in awhile due to my job?
  2. What exactly is "SLANDER"
  3. Is it legal for the employer to cuss at the employee?
  4. Hi, I own an LLC that is organized in South Carolina. My business is 100% e-commerce, so I don't have any physical retail stores. I am considering hiring an employee that will manufacture and ship products from their home in Iowa. Again, this will not be a physical retail store, they will simply fill and ship orders from that location. My question is: Do I need to submit a Certificate of Authority to the Iowa Sec. of State? Their website says you need to if you are a foreign LLC that is "transacting business" in Iowa, but then it never defines what "transacting business" means. I have read that a lot of states do not consider "mail order or ecommerce" to be "transacting business." Thanks!
  5. Is it possible to bring a crossclaim against an employer if they appeal an award of unemployment benefits past the state unemployment agency to the state courts? My very basic understanding is that the agency will be named as a defendant and the employer as a plaintiff. For example if a claimant believed an employer was engaged in retaliatory behavior in trying to achieve a denial of benefits against him- retaliatory as a response to reporting the employer for an overtime FLSA violation- could the claimant latch onto that employer's appeal as a defendant and consolidate the two issues in one hearing? It'd save a guy some filing fees I suppose.
  6. I was at a local pet store after hearing others speak about deceptive answers as to where the pets come from. I asked the manager where a specific pup came from, he told me a "reputable local breeder". I asked for the name and area and he gave me a part truth with the last name actually being the first name and the breeder as being from Iowa when in fact it was Missouri. Can they do this and can they advertise that they buy from a local reputable breeder? Is this not a consumer protection matter? Can this be stopped? Janisum
  7. An employer I am suing for unpaid wages has requested an extension or postponement in every situation where they've had the ability to, both at unemployment and in the court. Obviously we want to live in a society where people can actually participate in these type of dispute resolution processes and situations where a party has good cause to request an extension exist. That being said, this is getting ridiculous. At what point does it become more likely than not retaliation instead; drawing out the process without good cause? Can these extension and postponement requests (always filed near the end of deadlines, followed by doing whatever was required at the last minute) be identified as examples of retaliation for a FLSA complaint and lawsuit?
  8. In the event a quit happens and it is determined that it was not due to the employer, a claimant will be denied benefits until they've earned 10 times their weekly benefit amount. If an unpaid wage claim is successful when those wages are paid, not when they are earned, is used to determine how they affect a claimant's base period wages. If I have a base period in 2016 and in 2017 court orders wages to be paid that were due in 2016, I cannot have my base period wages increased to reflect the amount that was determined to have been due but not paid by the employer. They will be considered wages paid in 2017. Now here's the question: typical wording on disqualification findings states "Benefits are withheld until such time as he has worked in and been paid wages for insured work equal to ten times his weekly benefit amount, provided he is otherwise eligible." Would these court ordered back Wages fail the "worked in" requirement of the ruling and law? It appears that the work for which the wages were paid might need to occur AFTER the disqualification ruling, or at least after the disqualifying quit issue in this example.
  9. My son wants to put a restraining order on us. He took our two grandchildren away in Feb.. We day cared for them for 5 yrs.. We both sent emails and called each other. Ended in April. Upset we go to the grandkids events are open to the public and church. We called the police and now a detective is to come and see us. Help. The kids can't say hi to us. The kids love so much.
  10. My female relative was convicted of a non-violent felony last year and is on active probation. She is being stalked by her ex-boyfriend, who attempted to kill her and is facing charges on that count. However, he's bonded out of jail and even though there is a protective order, she is quite frightened as she often comes home from work in the wee hours of the morning. Can she, as a felon, own a small handheld stun gun in this state (Iowa) ? Thanks for any information on this.
  11. I was renting a room inside some "friend's" house, i never signed a contract, they never gave me receipts because he is getting disability so he can't make more than certain amount of money to keep getting this benefit. The room was full of bedbugs, and he didn't do anything for 6 months for some strange reason the bed bugs just attacked me, i went back to my home country for the summer and then they start attacking him, that's when he finnally called an exterminator, It is a big house and he was expecting me to clean all over and help him do stuff around the house, like a maid basically, when i was away he got into my mail, i have a monthly subscription for candy $28 a month that he decided to eat them and also open my mail from my college and other personal mail. Now he told me he is planning on sue me for unpaid rent. How can i win this case if he never gave me a receipt neither i signed a contract? help
  12. So we opened our home to someone that needed help and during his stay he felt that he needed to give us his second vehicle to "repay" us for our kindness. Here it is 3 weeks later, the vehicle is in my name, licensed and insured and no vehicle. He's not willing to give up the keys and here I am still waiting on him to give it up. Do I have a legal leg to stand on to win a civil case? Edited to add there was no written agreement, it was all verbal. My husband is beyond pissed off and I need to know if in fact we do have a legal leg to stand on before I spend $85+ to take the previous owner to court.
  13. on a red light, with 2 lanes turning to the right. can i turn right from the far turn lane in to the far (left lane) in doing so, crossing the right lane?
  14. At the conclusion of a lease with my landlordad can I take him to small claims court for failure to install grounded outlets? I get zapped by my PCs and printer every time I touch metal on them. I requested the installation of grounded outlets one month before my lease began. The landlord never responded. It has been seven months since the request and six months since the lease began.
  15. I was involuntarily discharged by my employer. I will be in an appeal hearing before an administrative law judge when scheduled. I want to know if the court record from this hearing is admissible as evidence in other litigation against the employer, without informing the employer in the discovery process. Effectively: Can a plaintiff refer to previous court cases without disclosing the intent to reference those cases during the discovery process, so that part of their legal strategy will not be known to the defendant before they enter the courtroom?
  16. We have a 80 acre field abutting a secondary road on two sides. At the intersection where those roads meet is a contiguous corner, on the inside of which is our farm land, on the opposite side is our neighbor. A local utility - Farmers Mutual Telecom - is installing junction boxes for fiber optic cable. The cable is already laid. These junction boxes are for service personnal to access the lines, and are underground, capped with a thick plastic lid like manhole cover. The gentleman I just talked to from the county's secondary roads office says the easement is 40' from the center of the road. Our crop line (corn or soybeans) has never been further than 20 feet from the center of the road, but whatever. Now, our neighbor's son - who works for Farmers Mutual - told the ground crew that they should install the junction box for that area on the inside corner of the easement, ten feet from our crops and directly in the path of the driveway that we have there for heavy equipment like combines to egress and ingress, instead of on his Dad's property (the outside of the corner) because "he'd be buying that land soon anyway, and they don't use that driveway." Now, everyone at the county level is being told that we don't use that driveway, so it's not a problem. We're being painted for trouble makers, and all I want is for those SOBs to move their damned cap out of the way of our driveway, and they won't! 30 years, 40 years down the line - I have no idea what it's going to mean for me to allow them to use that patch for their work. Plus, I don't want to be liable for what happens when a 30,000 lb combine drives over their junction box, when they never even consulted us about where we thought their equipment might safely be installed. Do I have any options here? Iowa Code doesn't appear to have any requiprements for egress/ingress ways to be respected by easement holders, and I can't find a similar case in Iowa Supreme Court filings.
  17. An employee resided in an apartment that egressed to the motel lobby. The employee worked four eight hour shifts per week while a motel was open and earned wages, and spent seven eight hour periods per week overnight while a motel was closed required to answer the phone and doorbell and did not earn wages. The employee paid $400 per month rent. Apartments are available in the area for $400. Employees who come in to cover the time are earn a flat $25 per night regardless of time worked and put in a $69-83 (prices have increased over time) motel room for free with a cordless handset, but cannot hear the doorbell. The employee was not provided written notice of a requirement to answer the doorbell and phone, only verbal. After making a comment about the lack of pay for the overnight duty, two and a half months after moving in, the employee was written up for: Leaving the motel locked to take 15-30 minute breaks after being told by his immediate supervisor he was allowed to do so (other desk clerks are provided with off-site paid breaks and overlap coverage existed, during the employee's shifts no overlap existed) Failing to leave his apartment door open to hear guests come in despite a door buzzer being quite loud and providing audible announcement of entry Failure to leave on two flood lights out front (the switches are light switches, one in each bedroom of the apartment on a dual switch plate including the bedroom light switch. Upon move-in the employee asked in writing what the switches did and received no reply.) Failure to charge the correct rate to corporate employees despite being told not to give a special discount unless corporate makes the reservation and no eligible reservations checked-in by the employee Failure to get guest information during check in (first and last name, address, phone number, license plate number), a common occurrence for all staff during the employee's 2+ years with the company which no employee had been written up for previously or since Failure to receive proper payment from guests prior to handing out keys, a common occurrence for business-paid reservations for all staff during the employee's 2+ years with the company which no employee had been written up for previously or since Having housekeepers take out his personal garbage, which did not occur as he paid an agency to come clean his apartment including this task, and putting motel laundry from machines into carts (wet into a wet cart and dry into a dry cart) when doing his personal laundry instead of folding it or placing it back in the machines (this is after machine cycles were complete and laundry was just sitting in the machines) When asked, the employee's direct supervisor claimed she was not aware of the write up. When asked if she wanted to discuss the write up, the employee's supervisor's supervisor said no. When emailed asking for written job expectations, the employee's supervisor's supervisor did not respond. Then the employee was then dropped 25% in hours. The employee notified the employer he would not be performing the overnight duty unless paid for it. The employee was notified that the lobby would be closing at closing time. The employee was notified on May 8th (hardly two months into his 6 month apartment lease which ended August 31) that his apartment lease would not be renewed. The previous tenant lived in the apartment for over eight years. The employee was written up for: Failure to provide appropriate notice and seek approval for two weeks off to cover lobby hours and overnight hours. The reason was medical, the employee had been receiving treatment, and the actual time off was eight days which included three days the employee was scheduled to work and 8 overnights. Failure to properly communicate, being short, and walking away from staff and supervisors when spoken to, not communicating relevant information to staff. The only time the employee interacted with coworkers was when not working or when taking over for a shift. There were no opportunities to "walk away from staff and supervisors when spoken to." Examples of failure to properly communicate or communicate relevant information to staff cannot be recalled by the employee and were not given by the employer. Not answering the phones after closing time. The employee did not recall the phone ringing. Failure to answer the phone or doorbell on date May 9. The employee notified the employer he would not be performing the overnight duty and was notified that the lobby would be closing at closing time on May 8. Telling another hotel the motel was closed at 11 PM despite a cell phone number being available for overnight assistance. The employee cannot recall speaking to representatives of this hotel or having this conversation. Taking a driver's license from a guest to photocopy and not returning it, and not making a copy. Telling another desk clerk a housekeeper found it in a room, which the housekeeper denied. The employee did photocopy the license and produced the photocopy. The employee notified the motel manager the next day that he had forgotten to return the license and that it was sitting on the desk. The employee did not tell the motel clerk a housekeeper found it in a room. The employee submitted an email to his supervisor and supervisor's supervisor requesting a meeting between the three to discuss how he could increase management's satisfaction with his performance. His supervisor spoke to him and said she'd be available. His supervisor's supervisor did not respond. He submitted the email a second time two weeks later without response from his supervisor's supervisor. The employee began seeking alternative housing and was given indication by a previous landlord that he could move in by the end of June. The employee provided two week's notice of voluntary termination of employment to conclude July 3rd at 11 PM. The employee was gainfully employed full-time with another employer since September 2015. The employee had not received a response from the previous landlord and began seeking alternative housing again. In the three weeks after July 3rd the employee received four letters from the employer stating he was ordered to vacate and surrender the premises by September 1. There is some legislation that states employees who are required to reside at their employers' premises need only be paid for actual work performed, not all time at the employers' premises. Does this legislation impact the wage requirements of employee who reside at the employers' premises but are not required to in order to remain employed in their position? I quit because I felt that the employer had become hostile after I asked about my wages and there was nothing I could do to make them satisfied or treat me in a manner consistent with the regular out-of-protocol raises, thank you letters, bonuses, and gift card I received during my employment previously. I wanted to move out and get away from the employer who was also my landlord. Do I have grounds to claim unpaid wages and overtime? Do I have grounds to claim the employer was acting in a retaliatory manner?
  18. I have a question regarding an alley that runs from the street next to my house along the west, then turns to the east at the back of our lot, being the sole access to the street for our east neighbours, where it ends. No survey had taken place in the 35 years we've owned our property until the city began reviewing 'problem alleys' last summer as they were anxious to begin abandoning them. In reality, the survey found very sketchy history pertaining to the alley's early details, save for a rather obsolete 1880 plat map which had an entire block of homes assigned to a pasture adjacent to the alley which never manifested. The plat showed the alley to be 16 feet originally and our east neighbours are now demanding the city to return it to that state. However, for at least the past 75 years, the actual property and alley have been quite different from the old 1880's plat. In fact, the present day gravel alley way is only 12 feet, not the 16 ft suggested by the ancient plat, and all residents have respected the 12 feet. At the very edge of the 12 ft gravel, there is a well-pipe clothesline pole circa 1920 along with several established trees, each more than 25 years of age in our yard. However, the 1880's plat insists the alley actually extends 11 of its supposed 16 feet into our yard, but no records have ever indicated that it was ever used this way. The remaining 5 of the 16 ft, is gravel and we have all recognized it to be city property. Since the current gravel width is approximately 12 ft and the city owns 5 of it, our neighbors to the west of us own the remaining 7 ft of gravel. Keep in mind, this 7 ft is in fact our neighbors property and they are graciously allowing it to be used as easement, allowing our neighbors to the east of us access via vehicle. We have owned our property 35 years, the neighbors to the west (with the 7 ft easement), have owned their property 13 years, and the neighbors to the east (who have been demanding the full 16 ft of alley), have been here 5. We live in Iowa. I'm wondering what rights I have over my 35 year old property. I might add, the neighbors to the east are NOT landlocked for there is a sidewalk in front of their property they have access to, but they have no way to get a vehicle on the property, leaving them with no choice but to use said alley. At present, the neighbors on the west are NOT looking to sell their 7 ft of easement to anyone, especially not the city. The situation is precarious at best, so any advice would be very appreciated.
  19. I am a sixteen year old girl. I am currently living with my grandparents. I know that there is no longer an emancipation law in Iowa but I am very interested in learning my alternatives. Here is a little bit about my situation. My mother and father were never married, so I lived with my mom but my dad was and still is a big part of my life. My mom got pregnant with me while in art school. I was born in Iowa but lived in 2 different cities in Iowa and South Dakota by the time I was 2. I am a junior in high school and have already attended 9 different schools. Currently attending my third high school. I have been diagnosed with depression, anxiety and adjustment disorder. The last diagnosis is the most ironic considering the many times I have had to move due to my mothers decisions. Me and my mom have had issues before I could even remember, she kicked me out of her house when I was 15 because the guy who I was in a relationship was not the best. I respect that decision because I admit I was not making the smartest choices. When she kicked me out I went and lived with my aunt who had 4 other kids. I went to a small school & stuck out like a sore thumb. I tried very hard to fit in but my depression got the best of me and I said I would rather be dead than to live with my aunt who emotionally abused me and took advantage of me. I asked her to take me to the hospital so I could get some better help coping with my struggles. While I was at the hospital I failed a drug test and when I was released I was sent to live with my grandparents. To live with them and not be sent away to a boarding school I had to go through a substance abuse program which I successfully completed and have been sober for almost a year and no longer self harm. Living with my mother I was physically and verbally abused. I once called DHS on her for punching me in the stomach and throwing a laundry hamper at my face and she somehow talked her way out of it. Living with my aunt I was constantly talked down too and stuck at her house with all four of her kids for hours with no warning. Living with my grandparents I have been verbally abused, told that I have no worth and that I will have no future. I can take full responsibility for my poor actions but I have been trying very hard to better myself. I am on track to graduate early next year and I plan to get my CNA immediately after graduating. Is there anyway for me to legally move out right now? I have a job, I am completely sober and plan on staying in school. If there is anything I can do please let me know.
  20. My former girlfriend/current roommate, as of last Thursday, have 2 vehicles titled in both of our names. The titles are listed as: my name OR her name on one and her name OR my name on the other. The first vehicle is registered in my name and the second one in her name. Both vehicles are paid for and are of similar value. Last Thursday, while I was at work, she had one vehicle towed somewhere and drove the other vehicle away. The neighbor told me the name of the towing company but when I went there to ask, they had no record of her vehicle being towed! When I came home her things were gone and a few hundred dollars of mine was missing. I have been unable to contact her since and she isn't returning my calls or texts. I was able to contact one of her friends on Facebook and all that she could tell me was that she's okay but didn't know anything about the vehicles. I have no idea where her or either vehicle is at. Also, I am currently paying insurance for both vehicles. A police officer told me that I would be okay if I canceled the insurance on both vehicles, since I'm not driving them and couldn't be held responsible but I've heard conflicting reports from other people that I could be held responsible for any liabilities, since I'm listed on both titles, even if I'm not at the scene of the crime? I would be willing to relinquish any ownership to either vehicle, just to move on with my life and cut my losses. The DMV told me I couldn't take my name off the titles without having the titles in hand and I can't get new titles issued without her signature. Of course, in a just world, I would, somehow, be returned the vehicle I paid for and she can have the one she paid for and our names would be taken of each other's titles. Is that scenario possible? Do I have any rights here to acquire my vehicle back that's registered in my name? Thanks for any helpful responses.
  21. Is the arresting law enforcement agency allowed to give supposedly stolen items to accuser for use in his business or are they required to store them as evidence for the upcoming trial. This is in Iowa.
  22. I'm looking for information on the Iowa law for whether it's legal for a person to shoot a gun in the house to kill some mice with 4 children present, ages 6-16. This individual also has a concealed weapons permit. How can children be protected in this environment? Is there a risk to possibly losing the permit?
  23. I have a judgement against me for a car loan. The car was repossessed about 15 yrs ago. I haven't heard anything about this until recently. I received a letter stating amount owed and to pay this amount to avoid further collection activity. Is there a statue of limitations on a judgement? I live in Iowa. Any help would be appreciated.
  24. First off: Thanks to anyone who takes the time to read this and reply. I am currently a college student working part time. I worked for the same company full time over the summer, during which I received a garnishment for a credit card debt. The company garnished my wages and was taking out the correct amount during my full time work. I just realized (I should have checked into it earlier, but I got busy with school and wasn't paying as close attention as I should have) that my employer is taking too much out per paycheck and has taken out too much based on the yearly maximum. While working part time, my gross pay is about $230 a week. I do occasionally work more, but the largest paycheck I have gotten part time had a gross of $350. I sat down and figured out that maximum I will gross this year is $21,000. From the Iowa garnishment instructions I received with my garnishment paperwork, the "Maximum Amount Garnishable for Calendar Year" for earnings from $16,000 to $23,999 is $800. From the same sheet under "Computation Tables Consumer Credit," "If the employee's disposable earnings are less than $290 for a weekly pay period, pay the employee as if his/her pay check was not garnished." I am paid weekly now, but bi-weekly over the summer. On my last pay stub, $49.36 was garnished, and the Year to Date garnishment amount is $1,281.66. It seems clear to me that they have been withholding too much. It is very likely an oversight on their part; all of my dealings with payroll and HR have been generally positive. I plan to talk to the payroll/HR department ASAP tomorrow, but I would like to have some knowledge as to what to expect before I go in. What can I expect to be done? Is the money that they garnish in an account that gets released to the Sheriff all at once? If they send the money weekly to the Sheriff, does the sheriff hold on to the money for a period of time before sending it to the creditor? Can I expect to get any of the money back? Thanks again for taking the time to read this. I appreciate any insight anyone may have to offer.
  25. If a will made several years ago left the personal residence presently located at address A to children and that land has been sold does the wish of the personal residence transfer to the new personal residence at address B