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Found 33 results

  1. Ok so I'm not sure where to start. But back in March i received a phone call ealry in morning about 130am, from a family friend asking if i would be able to pick him up when he got to town at his work right outside of town and take him to his mom's etc. I proceeded to crawl out of bed and go get him no questions asked. I always tell ppl to contact me n not to drink n drive or do dumb ****. So I arrived at his work outside of town to pick him up and him and another guy were unloading work truck. The other guy left (which happens to be the owners grandson, then my friend and both have access codes n keys to building) its about 2am and local cop seen motion lights come on and decided to investigate. I came inside to warm up until he was finished putting tool away. I did duck from officer n friend said it was cool n he should leave soon. He wasn't doing anything wrong. Well took a wrong turn from there. Officer finally asked for us to come out and here to my surprise its another family friend officer and he questioned us etc n had my friend just call his boss to verify few things. I was sitting in my own vehicle when another officer off duty claimed to receive the call back from the employer n stated we were trespassing. I have major issues with this officer because of different incident yrs prior. I giggled n said jezzz ****(officers name) off duty and in ur street clothes to make an arrest are ya? Haha im going home well i told him ****** (officers name) said i was able to leave n head home and there was no problem. N not to let it happen again at least that early in morning. The officer then rushed up to my vehicle and told me not to move n then put my hands behind my back and turn around. I asked him politely why for and he said be cause ur trespassing and im arresting you. At that point the officer which was a male is handcuffing me. He nvr asked to search me n im a female and he shld at least ask if anything was on me etc. So i looked at other officer n screamed at him n said man this is f**** up and i thought i was in the clear. My 120lb ass was shoved against the car n handcuffed again with another set of cuffs n shoved down.. At this point i didn't say anything n just let him search me and what i felt assault me. He had no right to reach his hands up my shirt or down my pants. I was then placed in back of the car and taking into custody. Get to the jail and he puts me in holding cell. I cant feel my hands and asked jailer if i could have cuffs removed. Well as she noticed she had to page another officer to come help bcuz cuffs were way to tight and cutting my wrists and jailer couldn't remove them alone. After the 15 mins it took to get them off i was put back in a different cell not knowing what's next. This officer that i believe neglected my civil rights enters the room and proceeds to tell me to start undressing and pointing out my tattoos n piercings n i said umm no. Ur male cop n i want a female. Well lets just say he took me to other room in front of cameras and had me strip down. At this point im disgusted n had no words. I told him i would fight the trespassing fine n pleading not guilty bcuz i was with an employee and i was released by the investigating officer.. I had to wait an additional 8-10hrs in jail after i was told my hearing would be at 8am. No my hearing was at 3pm and had no phone call or lawyer provided.. The trespassing that was alleged by this officer wasn't filed from the owner of company but filed by this officer and i lost in court due to this. $75 for overnight stay $1000 court costs and $200-$300 in additional fines. Im still paying on this but real question is we're my civil rights violated.??? I tried to tell others and not to mention force he used to arrest me and then never once reading me my rights and sticking his hands up n down my clothes. Wasn't just normal search and not sure what to do. I've heard few similar arrest this officer has made and how upset n aggravated he gets, that he has to use force if u just laugh at him. (May not be right to laugh but ya) Should i consult my lawyer n file a conduct of office against him again as i had to do yrs prior to this or just let it go??? I think i was wrongfully convicted not to mention felt violated n still do months after...
  2. I have been with the same man for the poast eleven years an we are renting to own a house together. He recently served me with a cure or quit notice to pay the delinquent pass due rent or be evicted. My question is he doesn't own the house is it legal fgor him to call himself the landlord an kick me out,
  3. I have a Federal charge on my background. When I applied for my current job I checked yes to criminal record and I filled out the form indicating what the charge was. They performed a background check and then called me and said I passed and I started two days later. Now a year has gone by and they tried to give me a company card and I refused citing a conflict with probation. Now it's an issue and they say they have to discuss it. Can they fire me after a year of employment considering they did a background check before I started?
  4. The auto repair place failed to go look at my son's car that was broken down on the road and they towed it. Who's responsibility is it to pay for the towing?
  5. We recently built a house and we hired 'Contractor X' to pour the cement for the basement. When they did that, they did not cover the basement and let it cure correctly, which in the long run caused some surface crumbling. We went and hired this same contractor to acid stain the basement floor, it was a verbal contract for $4500. They said it was not possible because of the crumbling cement, they would have to grind the crumble portions up. They could do an epoxy flooring instead, it costs more. My wife talked to them and got them to do that flooring for the same price, since the flooring screw-up was their fault in the first place. I am not sure if she got that in writing or not. The contractor used products from Sherwin-Williams, and we did not know they had never done an epoxy floor before, but Sherwin-Williams did, and they evidently warned him to do a small room/portion to learn how to do it, not the whole basement, so they could get the feel for it. They didn't listen or follow the directions they were given. Because of that, the first floor covering they put down bubbled and was not correct. So after they talked with Sherwin-Williams, they grinded the floor back down and started over. This time, they followed some of the guidelines, but again, did not follow all the guidelines. There are, and still is, sticky spots, roller marks, boot and tool prints in the floor, etc. One of the rooms that was said to be done and good and was sitting for 7 days, we put the washer and dryer back in per their permission, and an empty laundry basket slid across the floor scratched the floor. So we called in another floor expert that has been doing epoxy floors for years from about an hour to an hour and a half away. He said its the worst job he has ever seen and could definitely tell it was amateur work. The roller marks were due to not putting a thick enough layer down. The stickiness and soft spots and most likely the scratching was due to improper mixing of the materials. They also said that the base layer and the metallic layer was not bonding because they were not put on in the correct time frame, which we new. The contractor was supposed to apply that second layer 10-20 hours later (I think), and it was about 24 hours later. This other expert also stated that the clear coat was not evenly covering the floor. His recommendation is that there was no fixing or repairing the work, and it would all have to be ground back down and started over fresh. The quote was $7100. On top of all that, our paint job on all the walls are ruined. While applying the floor, Contractor X was sloppy and got paint/epoxy over the walls. They said the baseboards should cover it, but they wont. Sherwin-Williams said a thick latex paint 'should' be able to cover it up. They also ruined our expensive wood stairs which we had planned on staining. They got black base coat and epoxy completely covering the wooden stairs. They also scraped up the walls going up the stairs when they brought up one of the floor grinders one of the days. They also dripped some of the black base coat on our carpet when they brought the rollers up the stairs and out to the garage. They tried scrubbing it up without us knowing, but I was here that day. The carpet is now sticky. They garage floor has epoxy and black boot marks from the base coat where the contractors put their gear. Our pea-rock walkway to our downstairs door has to be shoveled out and removed and replaced. After their work downstairs, they left their trash and the grinding dust in bags out the back door on the rocks. I had to clean up the mess, and move the bags on to the grass, but not before it spilled all over our new walkway. We had a house warming party that had to be adjusted because the basement was now inaccessible. My wife had family that flew in from New York that was supposed to stay in the basement, but had to be cramped into the upstairs with the rest of us because the basement was not finished. We were also without hot water for a few days because they had to reapply multiple layers to the floor, and the fumes kept setting off the safety switch to the hot water heater. We also had a breaker flip, and I was unable to access it twice because the floor was inaccessible multiple times due to their need to fix their mistakes. I am waiting on quotes on how much it will cost to get our basement repainted and to have our stairs fixed, along with replacing the rocks in our back walkway. I don't think there is any fixing our garage floor. So my problem is, this was a verbal contract, nothing was in writing. I fired the contractor this past Friday after talking to this other floor expert, because there was no salvaging the work that was being done. Contractor X wants to sit down and talk about payment. The fact that they did not completely the project/work, and they did not do the floor to any quality of standard whatsoever, and they ruined our property due to carelessness and lack of work ethic, what are our obligations as far as payment? Some people I have talked to so far so we shouldn't pay them at all, and should actually go after them for the damages, but I wanted to check all of our options first.
  6. I'm looking for some guidance with a family situation. My grandfather passed away January 2016, his wife my grandmother is still alive and is living with my family and myself. When grandpa passed my father and myself got his will that he had and took it to the lawyers office to make sure it was a good valid will. We found out that the will was missing a signature so the will was in-valid. My grandmother being that she was still alive got all the assets from my grandfather. My father became my grandmothers legal person. Since the will my grandfather originally had written up was in-valid, my father made up a new living will for my grandmother. My father then had my grandmother sign over her ownership to 130+ acres of land, so my dad is sole owner of the land now for free. In my grandfathers original will that we found out was in-valid, I myself was suppose to get 25% ownership of the land some day. Now my father is selling all the land since its in his name and retiring himself. My biggest fear is I will not get any of the proceeds from the land, I rather have none of the land sold as its always been our play ground for hunting, fishing and camping. But the land is getting sold, do I have anything to go off from so I make sure I get my 25% that I was suppose to get? I worked with my grandparents and built up what they had out there for 15+ years and was always told I would benefit from it someday. Thanks for the help.
  7. I am an hourly employee that supervises a group of other employees. I am only allowed to work a set allotment of hours. I have employees that call me during the time that I am not "on the clock". This seems to be expected by my supervisor. I believe that I should be compensated for this time. Should I?
  8. 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?
  9. What exactly is "SLANDER"
  10. Is it legal for the employer to cuss at the employee?
  11. 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!
  12. 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.
  13. 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
  14. 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?
  15. 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.
  16. 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.
  17. 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.
  18. 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
  19. 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.
  20. 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?
  21. 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.
  22. 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?
  23. 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.
  24. 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?
  25. 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.