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  1. 1 point
    It depends on how much you think the workplace ought to be regulated, and how much litigation to interpret and apply those regulations that you're willing to tolerate. Having a rule doesn't mean that everyone will comply or try to comply, or that everyone will correctly apply the rule in particular circumstances (even if they're trying in good faith to comply). The examples you've given are relatively straightforward and one would hope that employers faced with those circumstances would not make an issue of the affected employee not working. But it is not hard to think of other circumstances where the answer would be much less clear. Another avenue for achieving the result would be collective bargaining -- where the employees form a union and negotiate with the employer to have in place work rules that, among other things, regulate the extent to which the employer can require 'work' from an employee while the employee is using PTO.
  2. 1 point
    RetiredinVA

    double jepardy

    If it involves the same issue, you should get the record of the first filing and file it with the second court as an exhibit to a motion to mdismiss the second filing. Then ask the second court to sanction her for repetitive, frivolous and vexatious filing.
  3. 1 point
    cbg

    Exempt employees required to work during PTO/Sick?

    Curious that you are only concerned with exempt employees. So you're okay with non-exempt employees being required to work in these circumstances? BTW, salaried and exempt are not synonyms. All salaried employees are not exempt; all exempt employees are not salaried.
  4. 1 point
    The liability section of the policy would pay if the OP could prove that the homeowner was negligent. But I don't see any negligence on the part of the homeowner in this case.
  5. 1 point
    pg1067

    iPhone breach of Privacy

    What's the deal. With sticking periods in. The middles of your. Sentences? Please use normal capitalization/punctuation/sentence structure in any future posts. Huh? "Antletics" isn't a word, and I have no idea what you might be intending here. Nothing in your post suggests the phone manufacturer has any liability, but your post is virtually unintelligible, so it's impossible to know with any certainty.
  6. 1 point
    cbg

    Exempt employees required to work during PTO/Sick?

    It is legal because there is no law that makes it illegal.
  7. 1 point
    There is no restatement that expressly says what pg1067 told you, though he is correct. If you look at the Florida statutes that cover employment law you will find no statute that says an employer either can or cannot require the employee to work during paid time off. Chapter 448 of the Florida statutes contains its general labor laws. Take a look at it and you will see nothing there that deals with this subject. Nor does the federal Fair Labor Standards Act (FLSA) deal with it either. The FSLA is the set of federal laws that cover working hours and pay for employers generally. The basic premise of our legal system is that everything is permitted unless some law says it isn’t. Thus, an employer may do this as there is no statute that says the employer is prohibited from doing it. Employment law is distinct from tort law. The issue you raise is not a tort law matter.
  8. 1 point
    He is relying on the fact that no statute says this.
  9. 1 point
    I was making a lane change when a speeding car appeared I pulled back into original lane to avoid collision and the speeding driver hit the guard rail and went out of control. I was driving the vehicle of a fellow worker who had a suspended license but I got a citation for his truck not having proof of insurance, insurance was current so I went to court and the judge said "Well it looks like you owe $7000.00" I was dumbfounded and went to the clerk and got a copy of a faxed estimate from one car repair place that was sent directly to the court. It clearly states no crash on citation how is it that this is with a judge and not the insurance company? I feel I am being railroaded
  10. 1 point
    Tax_Counsel

    Criminal

    If you are asking about filing your 2017 tax return, you can file that on paper right now and the IRS will process the return and accept your claim to the dependent exemption. It will be about a year or so later that both you and the mother will get letters starting the process to verify which of you is entitled to that exemption. What you need to do is prove that the kids lived with you; the mother’s jail records are not critical to that. All that does is show they didn't live with her during that time. But you still have to prove they lived with you, so you need records that reflect that, like school and doctor records, a calendar where you have indicated exactly which nights they spent with you, etc. Just proving they didn't live with her is not going to be good enough, but it wouldn’t hurt to have that information too. Have you asked the county jail itself how to get information about what periods a person has been incarcerated there? That would seem to be the best place to start as they have to keep track of the inmates who have been there.
  11. 1 point
    We have no information about your situation other than what you've told us. Apparently, you are being prosecuted for some traffic violation or the other driver filed a lawsuit. Did you report this to your auto insurance carrier and request that the carrier appoint an attorney? Of course, the insurer only has an obligation to defend you in connection with a civil lawsuit, so if this is a criminal or traffic case, you'll have to hire the lawyer yourself.
  12. 1 point
    If your lane change forced the other vehicle to swerve into the guard rail to avoid hitting you, you could be liable for the damages to the other vehicle. Your next step is to report the incident to your insurer. What was the outcome of the trial on the citation?
  13. 1 point
    pg1067

    rights for death of a parent.

    You post is quite vague, and it's not really clear exactly what happened, so it's awfully difficult to assess legalities. Is it legal that your father's siblings arranged for a funeral and the disposition of his bodily remains? Anyone can conduct a funeral. Decisions about disposition of bodily remains of an unmarried person is generally left to the person who held the deceased's power of attorney for medical decisions or the person nominated in the deceased's will to serve as executor of the estate. If there is no one fitting either of those descriptions, then it should be done by consensus of the deceased's heirs at law. As far as estate property, you didn't say how long ago anything happened, but you're free to seek to probate your father's estate. I suggest you consult with and, if appropriate, retain a local probate attorney.
  14. 1 point
    LegalwriterOne

    question about custody

    Is there an order giving him set visitation with the child? If there is, then you will need to seek a modification with the court. If there is no formal custody/visitation order than you aren't legally obligated to give visits.
  15. 1 point
    adjusterjack

    parent in prison can he get custody

    Meaningless unless a judge also signed it. All her life partner is doing is babysitting until the court gets involved. In the abstract, anything is possible. Do you have some reason to suspect that this might happen? That question makes no sense. It's up to a judge to determine what is in the best interest of the child. Yes, you certainly could be. I suggest that you and the want-to-be Dad pool your resources and see if you or he can get court ordered guardianship.
  16. 1 point
    pg1067

    Depositions and filings, made public?

    There's no one-size-fits-all answer to "is this normal." Moreover, whether something is or isn't "normal" is generally meaningless. As far as whether what happened in the particular case about which you're asking was "allowable," that depends on a lot of facts not included in your post (in particular, the specific terms of the protective order you mentioned). For starters, a deposition is an event, and an event cannot be filed with the court, so your assertion that "the whole depo" was filed is obviously incorrect. What I assume you meant was that the entire transcript of the deposition was filed. With that in mind, you should be aware that transcripts of depositions are rarely filed with the court. More commonly, excerpts from transcripts may be attached as exhibits to motions. Sometimes, entire transcripts will be lodged with the court (which basically means that custody of the transcript is given to the court, usually for purposes of a trial, but it's not part of the court's publicly available file). I, for one, can't think of any good reason why an entire transcript would be filed, but that doesn't mean it doesn't occasionally happen and for good reasons. As far as "irrelevant" "embarrassing" questions, the scope of permissible discovery is far broader than what is relevant. See Fed. R. Civ. P., Rule 26(b)(1). If, during the course of a deposition, the attorney asking questions strays too far off the path of relevancy, the witness (or his/her lawyer) can object and, under appropriate circumstances, refuse to answer certain questions. If the examining attorney believes the objections are not well taken, he/she can file a motion to compel further testimony. "Embarrassing" questions are not off limits at all. Lawsuits often require testimony about things that are embarrassing. In appropriate cases, a party who is concerned about such thing can seek a protective order. You didn't say whether you're a party to the case about which you asked, but I assume you are. If so, and if you believe it was inappropriate for the plaintiff to have filed the transcript, you can file a motion asking that the transcript be stricken from the court's file or sealed.
  17. 1 point
    RetiredinVA

    Depositions and filings, made public?

    Although things filed in court are technically public documents, unless filed under seal, it is extremely rare for anyone to access such records unless one of the litigants is a celebrity. If the court had previously ordered the record sealed, the public should be prevented from accessing the deposition by the clerk. I agree that depositions are not normally filed with the clerk although relevant parts may be used as exhibits at trial or hearings.
  18. 1 point
    doucar

    Depositions and filings, made public?

    First of all, depositions are not filed with the court. The attorney is allowed to ask questions about the incident, and about anything related to the incident and anything that might lead to discoverable evidence. If he goes to far afield your attorney will object.
  19. 1 point
    Tax_Counsel

    Freedom suit

    A freedom suit was a lawsuit that challenged being held in legal slavery before slavery was abolish in the U.S. in 1963. It was a way for the slave to win his/her freedom. As slavery is now illegal in the U.S. (made very clear by the 13th Amendment to the Constitution) a freedom suit is no longer necessary for any one to win freedom from slavery. They have that automatically. As for the second part of your question, no one “owns” the city of Peoria. If you care to explain your situation and why you seem to think yourself enslaved you might get some useful feedback on what you can do about it.
  20. 1 point
    ElleMD

    Motion to Modify Child Custody

    No, this is totally about you. 6 year olds do not get to decide what is best for them. They just don't. Their parents make that decision and if the parents can not, then the court makes it for them. The court cares what the law provides. The law provides equal access to and time with the child. As stated before, that is your starting point. It does not matter why Dad didn't file 2 years ago, or why he might be doing so now. Legally, he is entitled to do so. The court is also not going to care one bit how rotten your parents handled your childhood and their divorce. I strongly suggest therapy for you to deal with that and stop imposing those experiences on this one. You also need to accept that your ex has the right to date whomever he chooses and unless that person poses some credible threat to your son (as in a convicted child molester), you can not do a thing about it. Just as your ex can not prevent you from dating and your SO being around your son. You need to stop seeing this as some sort of personal attack and instead of smuggly pointing to your child's reluctance and using it as a reason to limit his time with Dad, work to help your child have a more positive experience with the man you chose to be is father. You picked the guy, he did not. For better or worse, this man is his father and he will be court ordered to spend time with him until he is at least 18. The more you play into your child's fears/apathy, and resist him spending time with Dad, the worse you make it for the boy. Dad is going to still get whatever time he is entitled to get, so you can make it a positive for your son, or cling to your own resentment and put your child in distress. Think again if you believe your kid can't pick up on your obvious resistance. Even asking the child if he wants to spend time at Dad's sends a not so subtle message. Your question shouldn't be how to prevent Dad from getting more parenting time, it should be how to make the transition from one home to another as seamless as possible. If you can't figure it out, seek out counseling to guide you.
  21. 1 point
    ElleMD

    Being investigated Revised

    You lucked out. Big time. Now, start using your brain and stop acting like an idiot. There is nothing at all funny about violence or threats of violence. You won't get a second chance so do everything that is required of you, find some non-felonious friends, and toe the line.
  22. 1 point
    You can bet that the HOA isn't going to pay for the damage to your personal property though you can ask. The standard homeowners policy excludes flood and surface water. Check your policy. If it has that exclusion you wouldn't be covered. You would have to have flood insurance. There is no way anybody here can tell if your HOA has any obligation to maintain the dry creek without reading the entire CC&Rs and your deed or any recorded easements at the county. You might want to have an attorney check that out for you. Meantime, self preservation is nobody's business but your own. Nobody else is going to step up and protect your property. It's up to you.
  23. 1 point
    pg1067

    transfer = sale?

    You said this was jointly-held stock, so don't you have access to find out what is and isn't still owned?
  24. 1 point
    pg1067

    transfer = sale?

    Ok. What exactly does this mean? Unless you tell us otherwise, I will assume it means that your ex owed Dave $5,000 and gave Dave the stock in satisfaction of the debt. Subject to the exact language of your divorce judgment/decree, it sounds like fixation on "sell" or "sale," as opposed to "transfer," is probably misplaced. As you correctly noted, cancelling a debt has value, and I seriously doubt that the court would allow your ex to escape liability to you just because he gave the stock to Dave in satisfaction of a debt instead of selling the stock and using the proceeds to pay the debt. The cynical side of me thinks it wouldn't be surprising to find out that, after receiving the stock, Dave sold it and gave some or all of the proceeds to your ex (i.e., that the whole transfer in satisfaction of a debt thing was a sham).
  25. 1 point
    Tax_Counsel

    transfer = sale?

    It is certainly treated as a sale for federal tax purposes, and I rather think the court that issued the divorce decree is likely to see it the same way.
  26. 1 point
    pg1067

    transfer = sale?

    All sales are transfers. Not all transfers are sales. Beyond that, I have no idea what you're talking about. "Equivalent" for what purpose?
  27. 1 point
    patrickhogan

    I am being harass what do i do?

    It is clear that this is deeply affecting you. Somehow through all this, you must keep ignoring this person as much as you can. If she continues to bother you, you might want to consider reporting her to the police and get a restraining order against her. Of course, suing is another option for you. Florida harassment law refers to what’s named “cybertalk”. It regards a course of conduct to communicate through words, images or language through electronic communication causing substantial emotional distress to a person and serving no legitimate purpose. To prove credible threats against you, it’s essential to present any evidence related to the harassment. More than that, contacting an experienced lawyer can help you figure out the best possible legal actions that apply to your situation. Disclaimer: This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.
  28. 1 point
    pg1067

    I am being harass what do i do?

    If she continues to bother you despite your efforts to block her, consider seeking a restraining order. Is she still together with your ex-boyfriend? If so, consider discussing the situation with him. Anyone can sue anyone for anything. Whether the conduct you've described would allow for a viable civil claim depends on the laws of your unidentified state. You're obviously free to report what has happened to the police. Whether they'll take any action in response is impossible for us to predict. A "crazy house"? I assume you mean some sort of mental health treatment facility. You don't really think you have the power to do that, though, do you?
  29. 1 point
    PinkQueen3

    Sneaky grandmother and guardianship

    I had this same thing happen to me. I dropped my daughter off at her aunts house, and she went directly to the courts and they immediately gave her guardianship of my child. I am her birth mother. Like you said, how can someone go legally steal a child all in an hours time, and not even try to contact either parent. Its a very scary thing to be honest. What if she was not who she claimed to be, if she was a pervert? They immediately gave her legal rights to my child. That is insane!! That should not be allowed to happen at all!! What if she was a stalker, and psychotic? They didnt do anything! She walked in, lied, and walked out 30 mins later the sole legal guardian of my child. I am a very highly intelligent woman, and this should not be legal! Its completely insane. This happened to me in NH 2010.
  30. 1 point
    knort4

    Worker Shows Up Looking Battered

    Although you can not definitively assume that her injuries are from domestic violence, that is probably the most likely cause. Consider sending the person an email or a letter that gives the contact information for one or more of the local domestic violence organizations and let the person know that you are available if she needs a sympathetic ear or if you can help in any other way.
  31. -1 points
    doucar

    302 commitment 'warrant'

    It is a warrant for an involuntary commitment found in 055 Pa. Code § 5100.86. It is legal if they could show they had reason to believe that the person was a danger to himself or others. In most states you have to be examined by a psychiatrist following the commitment.
  32. -1 points
    txgirl1

    Absent parent recently returned.

    I myself have been through something similar to this except my son's father has NEVER been a part of his life. But I have a child support order (which is also a court order saying you have custody). Since he hasn't been in her life for 12 years, that is child abandonment and no judge in their right mind would give him custody! but, he could fight for visitation but given your daughter's age, she herself could refuse to see him if she didn't want to see him.
  33. -1 points
    ElleMD

    TAKEN AWAY, NEVER BROUGHT BACK AND I CANT SEE HIM

    It is NOT kidnapping if the father was awarded custody by the court. CPS is not going to much care about a house he sometimes visits being a wreck. Per the post the child doesn't live there, but sometimes visits his grandparents who do.
  34. -1 points
    bennyblancoC

    Help! PLEASEEE!

    Yeah cool PG, but in which part of your thought process did you forgot to think of how as rapidly as I wrote this post, I wasn’t giving you my entire life story for you to call anything about what I have written absurd. Not a single dollar for CHILD SUPPORT. AND EMOTIONAL DISTRESS AND EVENTS THAT TOOK PLACE ARE NOT DISCLOSED HERE. Thank you for the narcissistic input though. Wonder how many children you’ve neglected !
  35. -1 points
    pg1067

    Help! PLEASEEE!

    Huh? Child support is an obligation that may be owed by the non-custodial parent to the custodial parent. It is never owed to the child. It was up to your mother to seek to establish your father's paternity and seek child support. It doesn't seem that she ever did that. While that may be unfortunate, that's on her. As far as I can understand your post, your alleged father's paternity was never legally established (notwithstanding the paternity test that apparently was done). That means that, in the eyes of the law, he is not your father and that he does not now owe and never did owe you or your mother anything. My responses are not premised in any way on facts that you didn't bother to provide. If you want to provide additional facts that you think are relevant, then maybe my responses will change. If you don't want to provide relevant facts, then I obviously cannot take those facts into account when responding (except to say that additional facts might change the responses). Nice. Get a response that isn't what you were hoping for and attack the respondent. How very mature.
  36. -1 points
    ElleMD

    Step Parent Adoption

    That isn't abandonment and unless your ex husband agrees to let your current husband adopt, it isn't going to happen. I can't begin to fathom why you would let your child call his own father who sees him each week "the man" and your current guy "Daddy". If you didn't have an order for support during the divorce, legally he does not owe anything. Apparently, you agreed at the time that he didn't have to pay support. No idea why, but you can't agree to that on the one hand, then use that as reason to claim he abandoned the child. One does not pay support in order to see or parent the child. Those two things are totally separate.
  37. -1 points
    Not sure if you are a lawyer, but I do know that you did not read my original post carefully. It is CLEARLY about me not losing 11 years of work, not about taking anything from the property owner. I even said that I believed that Adverse Possession did not apply in this case (because, I had authorization to build and adverse possession only applies to someone who builds without authorization (in my limited understanding). Please go back and read my OP carefully. If the impression you have is that I want to take ownership away from the property owner, OH MY LORD GOD IN HEAVEN! YOU ARE COMPLETELY WRONG! All I want is to continue to operate as I have for the past 11 years, during which time the property owner has received significant financial income because of my efforts, and will continue to do so if I am allowed to continue. If they want to change the rules going forward from this point, I am totally fine with that. I just want all existing development to be grandfathered so that it does not need to be destroyed. I will gladly operate in full compliance with the new rules going forward for new development But the property owner has made these rules Retro Active and is demanding that I destroy all my work for the past 11 years. I don't know how I can make it any clearer. If you can't understand what I just said and still think I want take the land for myself, I give up.
  38. -1 points
    adjusterjack

    Staying safe with dangerous dogs next door

    Necroposting on an almost year old post isn't helpful.
  39. -1 points
    pg1067

    Neighbors caused property damage

    Are roads in West Virginia sentient?! That's pretty amazing that a road could tell someone to do or not to do something! You're unsure of how to hire a lawyer? Seriously? As far as "type" of lawyer, you will want someone who has some familiarity with property law. There's a "find a lawyer" link displayed prominently at the top of every page at this site. Then you'd better call a contractor ASAP so that any needed work can be done during the spring and summer and early fall.
  40. -1 points
    Whether or not it's "customary" isn't legally relevant (although I can tell you that it has become increasingly common for employers to expect exempt employees to respond to emails while out of the office). It is legal. There is no statute that says this.
  41. -1 points
    Pg1067, let me address you right now. The way that you explain things speaks volumes of your intelligence level. Common sense would have told you that I asked the question to gain insight, not to be insulted by a bigot. Take your own advice. Common sense, should tell you that there is “no statute making my questions illegal”. Therefore, you can keep your ignorant little puns to yourself.
  42. -1 points
    pg1067

    double jepardy

    This sentence is more than a bit of a grammatical mess (particularly at the end), and you didn't identify your state. That said, can it happen? Sure. Determining what is legally proper would require an explanation of the relevant facts and identification of the state where this is happening.
  43. -1 points
    ElleMD

    Can this Protection Order be Stopped?

    Buddy, this is basically a point by point description of abuse. If you don't see your actions and completely and totally unacceptable and her reaction as a textbook example of a response by an abused person, you need some serious help. I agree she needs help too- but sure as heck not couples therapy and not with you. I couldn't write a more textbook example if I tried. Dude. She broke up with you. She owes you nothing. Not. One. Thing. YOU are responsible for feeding yourself. You are responsible for controlling your emotions. It is NOT your place to "make her understand" or "grasp the seriousness", or do a darn thing. You don't LOOK like a horrible person- you ARE a horrible person. There is NEVER EVER ANY excuse to threaten the life of another person and absolutely not their loved ones. And all because you were too lazy or cheap to ask someone else for a ride to the store or call an Uber?? Really?? You are the very reason orders of protections exist. Your problems are not her problem. She is not your wife. She does not want to be in your life or want you in hers. The fact that she relented only after you threatened to KILL HER AND HER FAMILY is not evidence that she cares and isn't afraid of you. It is just the opposite. It is a sign she doesn't want the crazy psycho guy to kill her and her family and will do anything to try and smooth things over to stay safe. How do you not see that??? If she wanted a relationship with you or cared about you, she would have not broken up with you and would have taken you to the tore when you first asked. If you have to threaten her into it, it is not a voluntary act of love. Get yourself a lawyer. Stay away from her entirely. Do not call, email, text, call, visit, post her social media, contact any of her friends and family, send smoke signals, carrier pigeons, or singing telegrams. Get yourself into some counseling ASAP and start taking responsibility for your own behavior. Get a job. Figure out your own living arrangements (preferably without involving another victim). Stop relying on her and her family to make up for your screwed up relationship with yours.
  44. -2 points
    Soltera1

    Staying safe with dangerous dogs next door

    If it’s too old to post on, close it. Keep your necrophilia fetish to yourself freak.