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Posts posted by adjusterjack

  1. 3 hours ago, ThanksForSpeeding said:

    I get a lot of traffic tickets. Speeding mostly.


    I've taken a lot of Defensive Driving courses.

    Two more classes and I'll have my Defensive Driving Doctorate.


    You're proud of that? You may be dead or in jail before you get that doctorate.




    3 hours ago, ThanksForSpeeding said:

    I like the idea of just giving an attorney 50 bucks and letting him/her handle the paperwork.


    And foolish enough to believe that all an attorney will cost you is 50 bucks.


    3 hours ago, ThanksForSpeeding said:

    I just can't imagine someone going to school for 7 years, becoming an attorney and driving from municipal court to municipal court requesting defensive driving


    Why not? They will be happy to do it for the $1500 to $2500 that they will charge you.


    3 hours ago, ThanksForSpeeding said:

    What is the benefit to me- of hiring an attorney who offers this service?


    With your record as an habitual offender an attorney could keep you out of jail.


    3 hours ago, ThanksForSpeeding said:

    what is the benefit to the attorney?


    As I said earlier, a $1500 to $2500 fee which is typical for handling traffic cases. If you don't believe me, call around and ask how much the fee is to defend you on a traffic ticket.


    3 hours ago, ThanksForSpeeding said:

    This happened...


    Made me laugh. At you, not with you.


    As for the $25 in that ad, that's just for the class, for which you need authorization from the court first. That doesn't cover attorney representation.



  2. The statute says "three days."


    Saturday is a day, Sunday is a day, Monday is a day. That's three days from the receipt of the notice.




    If the legislature wanted it any other way it would have written the statute differently. For example "three business days" or "three days not counting Saturday, Sunday and holidays."


    You read a statute by what it says, not by what it doesn't say.


    Three days is three days.



  3. 6 hours ago, Glenda said:

    The cop played the game of phishing...and my son told him they were there and the officer opened the door and brought them out...opened the bag..raised the container up and smiled


    The police have a right to go phishing and if a suspect is foolish enough to talk, then that suspect is likely to be doomed. Read "You Have the Right to Remain Innocent" by Law Professor James Duane.




    6 hours ago, Glenda said:

    ...He said in his sworn statement..that my son got them out for him...no he did not


    Actually, your son effectively "produced" the items so I don't see where the officer did anything that would get the needles suppressed regardless of how the report (which is not admissible) spins it.


    6 hours ago, Glenda said:

    I am a witness to the case and his PD should be calling on me, just for that reason.


    You are hardly unbiased and your testimony isn't likely to be given much weight.


    As for the body cam, if your son wants it, he will have to plead not guilty and go to trial to get it during discovery. Nobody's going to give it to him during plea negotiation, they are just going to scare him into a plea bargain.


    If you aren't happy with his PD you are free to consult a private attorney.

  4. 2 hours ago, Auron said:

    The way im reading it, if you have a written contract saying your job

    is a roof painter, and the boss wants you to build a brick wall, then

    fires you when you refuse, it would be a breach of an employement

    contract, ergo a "wrongful dismissal."


    The trouble with that comment is that the majority of employment agreements are not actually contracts, they are merely confirmations of employment and don't meet the required elements of a contract.

  5. Here's the cold hard facts of life. Your city bureaucrats will not raise a finger to stop your neighbor from building his deck and you are very naïve to think that going through some bureaucratic process is going to change anything.


    You are going to have to sue your neighbor and seek an injunction against (or removal of) the project if it is, indeed a violation that the bureaucrats don't want to acknowledge.



  6. 1 hour ago, Auron said:

    the courts exact response was " the law permits

    employers to fire an employee “for a good reason, a

    bad reason, a reason based on erroneous facts, or

    for no reason at all” as long as the reason is not



    Yes, the court did say that but it's only part of the quote and that's not what the case was about. The case hinged on whether the employee was discriminated against under anti-discrimination laws regarding disability. The court found that she wasn't disabled when she was fired and the rest of her allegations fell apart as well.


    The full comment of the court provides more insight:


    "At the end of the day, we need not, and do not, weigh in on whether it was unfair or misguided for Massage Envy to fire Lowe after she refused to cancel her trip to Ghana. As we have repeatedly and emphatically held, "[a]n employer may fire an employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason" contrary to federal law."


    The decision is very interesting:




    By the way, that's a Florida case.


    There may be state laws on wrongful termination that apply in Michigan, but most likely not of any help to the OP's daughter.

  7. 4 hours ago, Sara said:

    What should I have done different?


    How about this:


    Take out your cell phone and dial 911 for emergency medical assistance and then stay put. The officer would have had to stand there waiting for the EMT to arrive and stabilize you.


    Another option. Get out of the car, walk into the gas station, ask for permission to stay there until your headache clears.


    I know hindsight is 20/20 but it's way, way too late to do anything about so pay up and get it cleared.

  8. 1 minute ago, Beth said:

    The employer did not honor her w4 and took taxes out anyhows.


    That's a whole different story than you have been telling.


    What's the real reason she was fired?


    Since the employer took the withholding anyway, I find it hard to imagine that it went like this: "You can't claim exempt, you're fired."


    There has to have been some interval of time between her filling out the W-4, the withholding of the taxes for at least one pay period (maybe more) and getting fired. What happened during that interval?



  9. 59 minutes ago, Beth said:

    She has always filed exempt


    With this employer and suddenly he's firing her over it? Or with other employers and she just assumed that the current one would be OK with?


    And why fire her for it? Why not just hand it back and ask her to fix it? Did something else happen that you aren't telling?


    59 minutes ago, Beth said:

    Probably 6,000 this year.


    $6000 a year?  That's $500 a month. What kind of job was this? Hardly worth walking out the door for. Does she have another source of income?


    59 minutes ago, Beth said:

    How can an employer just do that?


    The how is explained by the did.


    58 minutes ago, Beth said:

    You make no logical sense!


    I make no sense? :wacko:



  10. At will employment means that she could be fired for any reason or no reason as long as it didn't violate any anti-discrimination.


    My guess is that attempting to file as completely exempt from withholding (nobody is) was considered tax fraud by the employer (doesn't matter if it was or wasn't, the employer's perception is what counts) who became convinced that she was an unreliable employee.


    She has no recourse.


    She should file for unemployment compensation ASAP and hope that the employer doesn't challenge on the basis of misconduct.


    When she finds another job, urge her not to play fast and loose with the W-4. At best she can claim 5 exemptions: herself and the 4 children.

  11. I'm not telepathic nor clairvoyant. Offering you a rental "might" indicate an acceptance of liability or it "might" mean the claim rep is hedging his bets and offering the rental while investigating.


    If you have doubts, just call the claim rep back and ask for the decision.


    Also make sure that the rental car arrangement is direct bill from the rental company to the insurance company. That way you don't have to hassle with getting the bill. Though even if it's a reimbursement, you still need a rental. Understand you won't be allowed to deliver pizza in the rental car. And make sure you scan a complete copy of the rental car papers on to your computer in a permanent file.

  12. 1 minute ago, abh73 said:

    I wasn't turning left. I was going straight, they were also going straight.


    Sorry, missed that. Then the other car came from right angles to you?


    Disregard my comments about left turns. No, don't disregard them. Remember them for the times you do make left turns on green. A good rule of thumb is to hesitate when the light turns green and count 1, 2, 3 before moving while you keep an eye out for what other drivers are doing. Sure, you'll get honked at by the morons who honk the nano-second the light changes. So what. Would you rather get wrecked or honked at? No need to answer that. ;)


    My comments about your witness are still valid.


    Just now, abh73 said:

    I also can't figure out how to delete the other post I made, sorry!


    I reported it for deletion. Taken care of.

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