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  2. The problem with your more than one sentence answers is that you don't just state the facts or ask questions. You draw legal conclusions. My requests for one sentence is to set the stage to ask you questions to get to the heart of the issues.
  3. Do you have actual evidence that your former employer has told anyone that you are a thief?
  4. I was hired at the local TA in Willcox. Back in January and was discharged within 4 weeks for my drawer being $17 and some change short. The entire restraunt is under servailance so when I requested the security tapes to be watched from the night of the drawer I. Question my manager refused. On top of everything I had only been working about 3 nights a week during this time so I personally don't think 12 days in a month without real consistent training is fair to be enough time to learn to be a waitress in a fast paced environment. Willcox is such a small town that until a few years ago it only had 2 stop lights. So as anyone can imagine being in such a small town having a theif tag I feel has kept me from gaining employment. What can I do.?
  5. For starters, I was assured by their company policy (employee handbook) that all acts of harassment should be reported, even if it doesn't meet the legal definition of harassment, I did, not once but twice, in writing, no investigation or feedback was given per policy and in direct contradiction to their "No retaliation" assurance, they retaliated by first attempting to terminate based on a false accusation of violating safety protocol and finally changed to a lay-off due to "reduction in force" however replacing me with a younger operator the next working day. You can read about it here https://www.nolo.com/legal-encyclopedia/preventing-retaliation-claims-by-employees-29599.html . How about negligent retention of the employee I complained of and his displays of rage, ya the same one that assaulted me along with one other employee resulting in injury both physical and psychological? How about some exculpatory evidence that they knew a crime was committed and intentionally omitted the fact from their statement given to the deputy on scene and to the Union. Last but not least the defamation and character assassination as reported to the Union by the foreman and one or more employees with regard to false allegations that I returned to El Centro where I allegedly went to the hotel some of the crew were staying and pounded on their doors demanding they come out and speak to me. I'm not sure what a one sentence answer is or why I would even entertain such a request. I try to be brief and to the point yet provide enough information for one to be able to form an intelligent opinion. However your username suggests that your purpose is to discourage and mislead. If you are as your name suggests an HR guy, your job focuses on protecting the company from the employee and not the contrary. Certainly, you are aware of the law and you are also aware that ignorant, egomaniacal, narcissistic, buffoons find their way into management (nepotism) and wreak havoc for HR. Maybe you just find it difficult to read between the lines thus "one sentence answers, please.
  6. Yes, the agency can tell you that. And under federal and state law really the only defense you have is to establish that your fear of flying is a disability and ask for a reasonable accommodation for it. I recall your state (but I won't mention it here) and every state agency has (or at least should have) a written policy on reasonable accommodation for disability. You'd need to read that policy and follow the required steps if you want to go down that road. But even if you invoke your right to reasonable accommodation under the ADA and your state's version of it there is no guarantee you will get it. The state agency may say that the accommodation imposes an undue hardship, perhaps because your train ticket or whatever will cost more or because your extra days off work would be a problem. If they do that then you may have to fight it out whether it really is an undue hardship for the state. Other than that, if you refuse to go by plane the agency may take whatever action against you that your civil service rules and union contract (if your union still has one) would allow, including perhaps termination, for the refusal. If you are going to have to travel distances where air travel comes into play for your job you might want to look into treatment for the fear. It is possible to overcome it for a lot of people. Obviously that doesn't help you with this immediate trip, but it may help you avoid continuing conflicts at work over it. Or perhaps you can find some other way to make air travel bearable.
  7. My father passed away 10/18. He had a bank account he kept hidden from my mother and listed my sisters and I as beneficiaries. In the copy of his will he listed his assets which included the aforementioned account. He then wrote "to be split equally between my sisters and I after his and my mothers death" he then signed and dated. My question is does this nullify the beneficiary designation? or does that still hold up? We know the account was hidden from my mother because the statements were going to a P.O. box.
  8. You would know better what the consequences of not complying with policy is. If your boss says OK he should be the one going to bat for you. If he doesn't want to buck policy, your choices seem to be as follows: Push back and say no to plane travel. Period. Or If you have time on both sides of the trip, drive or take the train at your own expense and seek forgiveness after you get back. Or Get yourself to a doctor who can write you up as unfit to travel by plane due to panic attacks (it's a real condition) and invoke ADA. Or Get a prescription to valium or something that will make the flight a non-event.
  9. I hope this is an easy question. Can my employer, which is a state agency (so I'm not going to name the State), force me to fly for work? I wasn't always afraid of flying but somehow I seem to have developed a fear of it. The last time I had to fly for work was about 5 years ago and it was horrible. I had a panic attack that lasted the entire 4-hour flight each way, and since then I have not gone anywhere near an airport. The few times I've had to travel out of state for work since then I've always managed to come up with some excuse for either driving or taking the train. I know it is not rational to be afraid of flying, and it is actually pretty embarrassing. But I can't help it. I have an upcoming trip and our travel auditor said "no" to the train & to driving ("does not conform to policy"). I offered to take vacation days for the travel time via train but did ask them to pay for the ticket. They said No and told me to get a plane ticket. My boss is okay with me traveling via train but the travel auditor isn't. Can they really tell me I have to fly?
  10. There are lots of things that are legal that you cannot do while on probation. What does your lawyer say?
  11. Neither. He need to hire an attorney now, and let the attorney talk to the police. Your husband has no clue how to talk to police without incriminating himself. ANYTHING he says to the police can be used against him. What he says to his attorney cannot be used against him. You both need to watch those videos. Your husband is on very dangerous ground.
  12. Until you provide specifics all I can give you is abstract answers. Yes. In the abstract there is no practical limit (though there are limits as will become clear later) because, as with any lawsuit, each case is adjudicated based on its own merits. There are cases where there are statutory limits on punitive damages. One example is when a landlord wrongfully withholds a security deposit. Damages can be an additional limited multiple of the amount of the deposit. Another example is a bounced check. Damages can also be an additional limited multiple of the amount of the check. I use the phrase "limited multiple" because it's either two or three and I don't feel the need to look it up. That's the trouble with online searching. You end up with unsupported opinions by people who copied the unsupported opinions of others. I have to laugh at some of the stuff I read online by lawyers and government officials who should know better. Your "five times" is a myth similar to the "three times" rule in personal injury claims. I was taught the "three times" rule almost half a century ago in claims class but that formula went out the window not long thereafter when the insurance industry became much more sophisticated in quantifying injuries. You're right. If you could get that in small claims court, or anything up to the small claims limit, a lawyer would be superfluous. Lawyers are expensive and there is no guarantee of winning any punitive damages at all. Saying you are entitled to punitive damages is a long, long way from proving it. That's right. Which is exactly what throws the "five times" myth out the window. A jury would have to determine the extortionist's punishment based on the facts of the case. There are too many variables involved, including variables about the victim. It would surprise me. Unless there is a statutory limit on a particular type of action, an appellate court would not be specific about the multiple. Appellate decisions don't work that way. Here's an example of how they do work: https://scholar.google.com/scholar_case?case=18105445087867644608&q=punitive+damages+caps&hl=en&as_sdt=4,5 Study the decision carefully and you'll get an education about punitive damages. It's very interesting.
  13. Yesterday
  14. Do you have any documentation of your agreement to purchase the vehicle, such as a purchase agreement or, at least, a cancelled check. I would take a more direct approach, Thai is, I would consult the police and tell them you believe you may have been cheated out of the payment you made and ask them to determine if the vehicle is stolen.
  15. I was violated and resentenced on drug patches which they had no certification to handle. Filed an appeal and still was found guilty despite them having no certification and fact that during positive patches I had clean urine and clean hair folical tests. What can I do?
  16. To Adjusterjack: It's not a theoretical question. The law you cite says exemplary damages can be awarded for "breach of an obligation not arising from contract," which I assume you are saying extortion is, but it does not tell me if there is a practical limit in California to those exemplary damages, which was my lead and primary question. In online searching I have read that punitive damages are based on the defendant's ability to pay but that there are limits established in common law that the damages could not be more than about five times the compensatory damages. (No authorities were cited.) If that is an established standard no matter the amount extorted, then it would not pay to even discuss this with a lawyer to pursue extortion where the amount paid to the extortionist was only about $1,000 because the maximum award would then be the $1,000 compensatory damages plus the $5,000 exemplary damages, i.e., $6,000. I have to assume any contested civil action would run a tab of $50,000+. It seems to me that a multiplier such as described above would be too simplistic in that, where the amount extorted was relatively small, it would not accomplish the objective of exemplary damages to dissuade a defendant (or others) from committing the extortionate behavior against others in the future. Nevertheless, it would not surprise me if a precedent exists for a multiplier of five, which would not be worth fighting, and in which case it would become a small claims case (at the most). Thanks
  17. Is this another "theoretical" question or do your questions actually apply to something you're involved in? See CA Civil Code section 3294: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3294. Probably not. But you can google that just as easily as I can. A CA small claims judge can award punitive damages for ANY case for which punitive damages are appropriate.
  18. Should he wait for the detective to come to our house and then tell him he's not going to answer any questions? Should he call the detective and let him know he won't answer any more questions without an attorney? I'm tired of the police showing up at our door all the time
  19. Check the VIN at the following website: http://vinsearch.info/atv-vin-check.html Make sure you use the VIN that's on the ATV, don't rely on just the paperwork. Come back and report the results.
  20. That was your husband's first, biggest, and dumbest mistake he could ever make. Sit down with your husband and watch these videos and you'll know why. He can be innocent and still end up in prison. https://www.youtube.com/watch?v=8GjCJ6Xqjg0 https://www.youtube.com/watch?v=-FENubmZGj8 What your husband needs to do now is say "No comment. I'm invoking my right to an attorney." And he needs to keep saying it over and over again even if he does get arrested, especially if he gets arrested. And now is the time to get him to a lawyer while he still has some control over it.
  21. A few weeks ago, a police detective came to my house wanting to speak to my husband about an incident that had occurred about a week prior. The detective asked my husband to come to the police station with him, and my husband willingly went with the detective. My husband returned home about a half hour later, saying that the detective was questioning him about a car theft. My husband had gone to a local bar and a car was stolen from the parking lot while he was there. The detective showed my husband a picture of himself leaving the bar, but that was it. The detective said the car was recovered and he kept assuring my husband that nothing major would come from the incident. A few days later, some paperwork was dropped at our door. My husband wouldn't let me look at the papers, but apparently it was a warrant for his arrest in regards to the car theft. About a week ago, while I was home alone, I got a knock on my door. I answered and it was 4 officers, including the detective who had questioned my husband previously, looking for my husband. He was not home and I told them he was not, and even invited them to look in my house to show that my husband was indeed not at home. They said for me to have my husband call the police station when he got home. I said I would and they left. My husband returned home from the grocery store about an hour after the police left and I told him what had happened. He said he would call them the following day. Not more than an hour after that, the same detective and another detective showed up at our door. My husband answered the door and the second detective asked where he was earlier in the afternoon. My husband showed them a receipt from a Lyft ride he had taken that afternoon, and the second detective said that was fine, that my husband was not the person they were looking for and they just wanted to verify his whereabouts. It turns out the officers who had shown up to my door earlier had been looking for a suspect in a bank robbery that had occurred that afternoon close to our house. The robbery suspect fit my husband's general description, but the second detective seemed satisfied that my husband was not the man they were looking for. The two detectives left our house and nothing else came of it. They had opportunity to arrest my husband on his warrant for the supposed car theft, but they did nothing. About three days after the two detectives had questioned my husband about his whereabouts during the robbery, a third detective came to our house, asking to speak with my husband. This detective told my husband he was investigating a break-in to a cell phone store near our house where my husband used to work (he was let go from that job back in November). I was about to leave for work and my husband's son was at home (due to no school that day), so the detective told my husband to call him in the morning to arrange a better time for my husband to go to the police station to answer questions about the store break-in. Once again, the detective (who did have another officer with him) did not arrest my husband, even though he has a supposed warrant. My husband spoke to the detective on the phone the next day, asking if it would be alright if he came in on Monday to answer his questions about the phone store break-in. The detective was very cordial and said that would be fine. My concern is that once the police have my husband at the police station, will they arrest him for the supposed car theft? I just don't understand why they haven't arrested him yet, even though he apparently has a warrant and the police have had ample opportunities to arrest him. Is there an actual warrant or is the first detective just telling us that to scare us? This whole situation is so confusing. My husband is not guilty of anything and we are very confused and irritated that the police keep coming to our house and bothering us for every crime that occurs near us. Any advice?
  22. Who do I call mvd or dispatch or detective or what?! Again, my only concern is if I am going to be held criminally by a charge & an arrest if it’s stolen?!? Am I crazy? I’m scared w out knowing what is going to occur. Ok?
  23. Is that what police are going to say to me? That I’m giving a sob-story??? Omg. I really need the legal ramifications.
  24. In California, is there a practical limit to the potential recovery for civil extortion if the extortionate amount paid was small (around $1,000) but the ability of the defendant to pay is large? Can attorney fees be recovered by plaintiff if victorious or defendant if not? Can small claims court award punitive damages for civil extortion up to the $10,000 limit of that venue or would the plaintiff be limited to compensatory damages (i.e., the $1,000 above)? Thanks
  25. Arizona. I am not worried about the money & an 100% committed to handing it over if it is stolen. My concern is is that if I call am I going to be arrested?!? That’s it. I’m sick about it w fear. I could care less about my financial loss- it was a bad mistake I made in the situation & pressure to buy. It was all I could do to insist that I’m not paying until I have the title. I am NOT looking nor is this a sob story, Sir. I really want advise because I am afraid of ring charges w having it if it is stolen. I’ve been through a lot & do not need this. I need a legal point.
  26. Another no-title sob story. That's the umpteenth one this week. Here's your sign. Too late to worry about that now. Call it in and find out. I'll bet that the 50% was more than the quad was worth. What's the name of your state?
  27. Here's the required form from the PA court system. It doesn't need to be notarized. http://www.pacourts.us/assets/files/setting-4120/file-4293.pdf?cb=96ad4f It's probably a good idea to do the transaction at the court and file the satisfaction there, too.
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