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SPhoenix77

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  1. We have an employee that went on a self imposed medical leave to "get herself together" because she feels like she is depressed on Monday only to find out today (Friday aka 5 days later) that this person has been taking the rewards points off company business cards, transferring them to her personal account, then getting Visa gift cards with them. The owner feels this is stealing and wants to terminate this person's employment. Any advice on this?
  2. We have an employee/Loan Processor who quit (job abandonment) on 6/19 about 1 month after her hire date. She was told that she would get $100 per close loan. 3 of the loans funded on 6/30. Would she still be entitled to the 3 loans since she quit her job?
  3. I have a unique question I'm not quite sure how to answer: An exempt employee who was told that they needed to report when they have doctors appointments, or anything that might interrupt their shift that may last for X amount of hours. The question is does the state require the exempt employees to do this? Since they are exempt, are still required to report e.g. if they leave for about 4 hours and then come back to work? [This post has been edited to remove style elements that were causing it to display improperly. -Moderator]
  4. ...So to help you with what IS relevent and prevent any further confusion, I just wanted assistance on knowing to know what type of attorney she should ask for considering the circumstances AND hopefully find a referral to one in the area where she lived who has some good feedback from their past clients. Ok let me address your more elementary remarks. While I understand you are probably an attorney or legal professor, I do not need to be correct on grammer. The "we" is because I am helping my mother. That's all. And as for "call backs", I have common sense. I know a person can't "make" an attorney return calls but I mentioned this to hopefully, again, get a referral from someone on a reliable attorney who would return calls in a timely fashion (aka wouldn't take a month to return a simple consultation call). So you could have refrained from mentioning that all together. So in the future you could refrain from those comments all together and just give answers to relavent question. I undertand, Fallen, that you are a top contributor, but lets try not to be rude. Just answer the question and save your added 2¢ for your own internal dialogue.
  5. She is actually filing a police report today because he is still charging things to her credit card which she said she thought she had closed the account, but apparently when she was living with him, I guess she gave him a duplicate card for him to use in emergencies. She says she did not file a power of attorney. he was trying to get her to sign, but fortunately she didn't. She moved from Mississippi and is currently living with her brother since January of this year.
  6. I'm not quite sure what law classification this would be under and I need assistance or referral, etc. A summary of the facts are that my mother has been taken advantage of by my brother. He has, while she was depressed, made her co-sign on loans for his house, written checks on her trust account, and even used her credit card to purchase trips, etc. Furthermore, he hasn't spoken to her in months. As you can imagine, she is very hurt by this, and even with the credit card debt, she just today filed a police report. So my questions are as follows: 1) What would be the legal classification for this if we needed to get an attorney? 2) What could be done to hopefully get her money back? 3) Despite contacting an MS attorney, it's very difficult to get calls back so where could I hopefully find a reliable one that would assist her and take charge in the matter?
  7. I'm not sure if this is the correct category so please forgive me first of all if it is not. This deals with issues that happened in Laurel, MS... Long story short, My mother, who had been going through a lot including depression due to the loss of her husband of 18 years, and her father a week later, was left a trust in which my older brother had been writing checks taking money out of the account without her knowledge. Basically, he had been taking advantage of her, had car registrations placed in her name because seniors either don't have to pay taxes or have to pay less taxes, and got a house in her and his name which, of course, is only his. I need some direction with where to go with this. My hopes are to get as much of the money back for my mom as possible, but I would like to stop any further repercussions (e.g. My brother took out loans in her name, bought property, etc.) Please direct me and or consult with any information. Thanks in advance.
  8. pg1067 said...So, what you're saying is that the previous tenant didn't pay his/her bill and now the electric company wants you to pay it just because you happened, fortuitously, to have rented a residence where some future tenant whom you don't know and to whom you have no other connection didn't pay his/her bill. Correct? I'm not an expert in the California Public Utilities Code, but I'm not aware of anything that would allow a utility company to hold you liable under these circumstances (I've also moved a number of times over the past 20 years and never had an issue like this come up -- with the same electric company). Did the letter you received cite any provision of the Public Utilities Code (or any other statute or section of the California Code of Regulations)? If so, I can look it up and tell you what I think. If not, I would be inclined to write back and/or call someone and explain that there's no legal basis for expecting you to pay some prior tenant's bill. Did the letter say what would happen if you didn't pay the prior tenant's bill? You are correct. The electric company added the previous tenant's outstanding balance to my monthly bill. The exception is the previous tenant is someone I did know, but I did not live with them. Sorry if this is TMI but they were an acquaintance who told me they were moving at the end of August and they put me in touch with their, now former landlord. There are no Public Utility Codes listed on the letter at all. Also, there is no mention about consequences if I do not pay the prior tenant's bill. They simply mentioned they added it to my bill.
  9. There may be a typo here. I don't understand what it means to "transfer[] an account . . . to [your] account." It's also not clear why the date you signed your lease might be relevant here. If you can explain these things, someone may be able to provide you with some information. My apologies for any confusion. the electric company transferred a closed account belonging to the previous tenant at my address to my account with them. There was a previous balance on the account of $200+. Also, I mentioned the date of the lease because it was obvious that these charges were prior to my move in.
  10. So I got a letter in the mail today from SCE (Southern California Edison) saying they are transferring an account that was closed at my current address to my account. They say the account was from BEFORE August 30 2010 which was the date I signed my lease. Is this legal? And what can I do about this? Please let me know if you need more details.
  11. Thanks you answered the questions. It was an unknown 3rd party who hacked into my account. Already been trying to find more information but the police are not very helpful. This just seems like an impossible case. I guess I'm just angry because banks are supposed to help it's customers and in a case like this, you'd think they would. Again, thanks for the information.
  12. I think at this point I should consider suing the bank. But it would 1) Obviously have to be small claims and 2) not sure where I would file (Bank is in Texas but I am in California). Thoughts please? Thanks in advance
  13. Ok so there was an unauthorized charge made from my bank account via paypal repeatedly that has caused multiple OD fees in the amount of $100.00. Consequently, the bank stated they would not waive the fees because it was not a bank error but it was a paypal error. SO I contacted paypal and they have refused to pay the NSF fees but have credited me the amount of the unauthorized charge while providing me a letter to the bank to have the fees waived. My Bank (People's bank located in Paris, TX) has said they will not waive the fees and paypal needs to pay the fees. This is a catch 22 situation and I need advice on what I should do because it's me that's suffering while these companies are too proud to provide me with good customer service.
  14. Thank you for the website formatting lesson. "Er, you'd not only need to pay the "current" month but give the landlord proper advance notice of lease termination, which means you'd typically be on the hook for the following month as well. That said, perhaps your deposit or last month's rent would cover this (you don't say whether it was a long-term lease, but one presumes so -- which means you'd be on the hook for rent while the place stayed vacant)." - The lease was month to month which is why I gave him 30 days notice. "I hope you got something in writing that the landlord would not pursue you for damages under the contract in exchange for the $1700." -I didn't get anything in writing. The attorney for my landlord just informed me verbally that he would drop the suit if I paid the $1700. He dropped the suit first and I paid. "Uhm, that's the BANK's problem, not yours. I trust you have evidence of the stop payment request." - I do have evidence of the stop payment request from the bank. It shows in my bank statement "His owning multiple properties shouldn't be relevant; what entity owned your property and who the registered agent of that company with the state would be." - The reason I mentioned he has multiple properties is because it took me a long time pin him down to a specific address to have him served. THAT is the reason I had to hire 3 separate private investigators to find him. I added the cost of those 3 investigators to my claim. "Cannot fathom there's any law against this in your state (not clear why you'd listen to some randon individual vs. google your state's landlord tenant info). Obviously, people routinely pay their first month, uhm, when they move in ... and a deposit. Last month's rent isn't unusual either." - The concern was mainly whether or not a landlord could legally ask for the last months rent and deposit. That is why I am asking, for my own personal knowledge. It's not a matter of "listening to some random individual." "You are absolutely focusing on the wrong issue here. The "valid[ity]" of a notice to pay or quit or warning that you'd be evicted is water under the bridge." - Again, for my own personal knowledge on the situation. "Your bank's screw-ups are a separate matter (and I'm not sure why you'd sit back and let them argue that it's your fault they didn't notice a stop payment request). (I trust you at least reported the bank to the state banking authority and perhaps the Office of the Currency of the Comptroller, if not the FTC, etc. (depending on the type of bank)." - Financial Institutions let you know that it could take up to 24 hours for a stop payment to be placed. I placed it on the day my former landlord when in to cash it. I didn't want to say with certainty, but I do believe he knew this which is why he went in that same day the stop payment was placed to cash the check. I argued for months with the bank and consulted a couple lawyers. Both claimed that it was all dependent on the bank's disclosure and there was not much I could do in the situation. You are the first to actually give me information on the State Banking Authority, Ofc of Currency Controller, etc. which I had no prior knowledge of. Also, it was a Credit Union which closed my account due to the situation.
  15. A couple years ago, I couldn’t afford rent at an apartment I was living in so I gave my old landlord notice that I was going to be moving out. At the time I was a month behind on rent and informed him that I would pay the current month in the coming weeks. Before I left, my landlord issued me an eviction notice even though I had already told him I would vacate the premises by the end of the month (I told him I would be out by the 30th; He gave me the notice on the 15th of the month AFTER). The notice said I owed $2700.00 and the ‘eviction’ would show on my record. I spoke with his eviction attorney and made an agreement to pay $1700 because when I first moved in I paid first month’s rent, last month’s rent and a deposit. I would pay the owed amounts over a course of 5 weeks. In any event, on the 4th payment, my former landlord claimed he had lost the check and would need the payment immediately. So when I was making the final payment, I put a ‘stop’ on the check he claimed he had lost and got a cashier’s check to replace the lost payment. When delivered the final payment and a cashier’s check which was a replacement for the lost payment, I wrote a letter stating that, if found, there would not be an attempt to cash the lost check. The letter was “signed” by the apartment manager at the time per my former landlords consent. I thought our business was done when I was contacted by my financial institution. They informed me of what they called ‘serious fraud’ on my account which would affect me. They informed me that my former landlord walked into a branch and cashed 3 checks (one of the checks being the one he claimed to have lost). Because the stop payment wasn’t seen on the system since it was just placed, he received the money. Unfortunately, other checks I had written hadn’t cleared and I would receive about $500 in overdraft fees as a result of this. I contacted my former landlord letting him know of the mistake and told him if he gave me back the money, I would be able avoid the overdraft fees. My former landlord started accosting me saying he wasn’t going to give me any money back and it was my problem & I needed to “figure it out” on my own. I repeatedly tried to contact him because, at the time, I was left in a really bad position. I filed a small claims suit against me and had major issues trying to get him served because he owned multiple properties. I ended up having to hire about 3 private investigators and made about 4 attempts to have him served until I finally was able to get him served. I wasn’t surprised, but my former landlord asked for a continuance and is countersuing for $1300.00 which he says I “breached the verbal contract negotiated by attorney in the original claims case” and he is “suing for the balance of the original clam, late charges and bounced check fees as outlined in the rental agreement” My questions are as follows: 1) Was it legal for him to charge me, in the beginning for 1st months, Last Months, AND a deposit before move in? Note: I ask because I had heard that was no legal. 2) With my giving notice that I was already vacating the premises, was a notice of eviction even valid? 3) Does he even have a case considering that a) when I negotiated with his attorney, the whole reason for paying the $1700 was because I HAD, in fact, paid last months rent so I deducted that from the amount owed and I fulfilled my part of the agreement. I paid the amount I said I would in the payments I said I would and 4) I want to know what kind of claim I have in suing for the court fees, the over drafts, the check that he cashed, my account being closed because of the ‘severe fraud’, and all the other expenses I incurred.
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