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Everything posted by adjusterjack

  1. 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.
  2. Wrong in a moral sense, yes. Wrong in a legal sense, no. And that's what counts.
  3. 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: https://www.leagle.com/decision/infco20190912060 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.
  4. 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.
  5. You seem to be avoiding the question about the real reason she got fired after just 3 months. Maybe you don't know. Maybe your daughter didn't tell you the real reason. At any rate, not much more we can do for you here.
  6. Anybody who lives in an HOA should have their lawyer on speed dial.
  7. 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?
  8. 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? $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? The how is explained by the did. I make no sense?
  9. 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.
  10. Then you had better hire a good real estate lawyer who specializes in going up against HOAs. You're probably going to have to.
  11. A dwelling you own and rent out or are you a tenant in somebody else's dwelling?
  12. 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.
  13. Did you miss the part where I already addressed my error?
  14. 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. I reported it for deletion. Taken care of.
  15. Here's your problem in a nutshell. When you make a left turn you MUST yield to oncoming traffic. Getting hit while making the turn means you didn't yield because if you had yielded you wouldn't have been hit. That's negligence. The presumption is always on the left turner and if you don't have any eyewitnesses to the other driver's wrongdoing you buy the accident. In this case you have a witness who says that the other driver ran a red light. That may be enough to get you out from under this and put the fault on the other driver. I suggest that you contact your witness and personally get a detailed written statement from him to present to your insurance company and the other driver's insurance company. Worse, you may lose your insurance because you concealed your pizza delivery use from your insurance company. Hard lesson from the school of hard knocks.
  16. You can pretty much forget your security deposit (and could even be sued) if you move out without seeking legal remedies with proper written notifications. I suggest you study up on the Ohio landlord tenant statutes with regard to landlord obligations, habitability, and your remedies for the landlord's failure to comply. https://law.justia.com/codes/ohio/2018/title-53/chapter-5321/ Meantime, call the city or county health department and report the infestation.
  17. 1 - Read the statutes. Know your rights and obligations. Know your remedies for adverse conditions. Follow statutory procedures to the letter. https://law.justia.com/codes/missouri/2018/title-xxix/chapter-441/ 2 - Put your complaints in writing. Keep a permanent copy. Take photos of any adverse conditions. 3 - Read the resources about trapping bats. You're going to have to be pro-active if you expect to get rid of them. https://duckduckgo.com/?q=bat+trap&t=ffab&ia=web Your landlord nor his agents can't be in your home 24/7 to watch for bats. Self preservation is nobody's business but your own.
  18. Here's the problem with that sentence. 1 - Found out from who? Or is it just your conclusion based on conditions. 2 - What failed codes? Can you cite them. 3 - Can you cite any statute or code that says the landlord forfeits rent if the dwelling is not up to code? 4 - Lastly, none of that makes any difference because you paid rent for a place to live. As to the poor conditions, you had statutory remedies if only you had followed the statutory process in the Utah Fit Premises Act Title 57 Chapter 22 Section 6 - Renters remedies for deficient condition of residential unit. https://law.justia.com/codes/utah/2018/title-57/chapter-22/ With regard to your deposit, here is the deposit statute. If he fails to comply your remedy is in Section 5. https://law.justia.com/codes/utah/2018/title-57/chapter-17/ As for the rent refund, not going to happen. You rent by the month, you pay by the month. That you left before the end of the month was your choice. I can't predict how your lawsuit will turn out but I can give you advice for renting in the future: 1 - Know the statutes. Study them. Print them out and keep them handy. 2 - Read and understand any lease or rental agreement. Keep a duplicate of whatever you sign. 3 - Thoroughly inspect the property before handing over any money. Take photos of the property up one side and down the other. That's your move-in inspection. You don't have to rely on the landlord for it. Pocket digital cameras are cheap. 4 - If anything needs repair during your tenancy, report it immediately, IN WRITING, and keep a permanent copy. If anything is said orally, follow up with a letter memorializing the conversation.
  19. What state? And provide details about your situation because that question has both a yes and a no answer, depending on what's happening to you.
  20. What state are you located in? It's important because state law may differ from federal law. You have to realize that none of that mattered or changed anything. The credit card industry is computerized and the process for default is automatic. The people on the phone just listen and maybe make a note but it doesn't change the schedule of selling the debt when the time comes. Once the original creditor sells it, it's out of their hands. That's a bit odd. Collection agencies want money. Though it's possible that they hadn't set up the account for handling yet. So, contact them and discuss a payment plan. Yes. Again, a little odd, but doesn't absolve you of the debt.
  21. You have 60 days from the date you are served with the written termination notice. See CA statute: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.
  22. My first impression would have been that you would be hard pressed to find an attorney in solo practice but I was surprised to learn that a 2016 survey by the American Bar Association revealed that 49% of attorneys are in solo practice: https://www.practicepanther.com/blog/2016-us-lawyer-demographics/ You have a good chance of finding one by making those phone calls. You should google something like "a day in the life of an attorney in solo practice" so you have enough preliminary information so that you can ask pertinent questions quickly, perhaps on the phone. A half hour is worth $200 and up to an attorney.
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