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adjusterjack

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Posts posted by adjusterjack


  1. 30 minutes ago, Cannedhusbanned said:

    I have until Wednesday, August 7th to de side whether to sign this letter of resignation and accept this severance pay, so I am in urgent need of legal counsel as to whether I have a case for wrongful termination.

     

    I suggest you consult an attorney before Wednesday and review your options before you sign anything.

     

    And file for Unemployment Compensation ASAP.

     

    Beyond that I really don't see a wrongful termination but there are a couple of HR people who contribute here that may know more about it.

     

    Meantime, check out this site's wrongful termination page:

     

    https://employment.findlaw.com/losing-a-job/wrongful-termination.html

     

     

     

     


  2. 8 hours ago, John Honoker said:

    the gun was a .22 semi auto

     

    Should have been a .45. Then he'd be dead on your floor, his weapon in hand, and couldn't claim that you were chasing him around outside shooting at him.

     

    Seriously. If you manage to get acquitted of the charges, get yourself a .45. There are several small 5 or 6 shot handguns on the market that are just right for in-home CQC (close quarters combat).

     

     


  3. 1 hour ago, Chasea06 said:

    Is that legal in North Carolina?

     

    Yes. It's legal everywhere. The boss says what you do. You do it or you lose your job.

     

    1 hour ago, Chasea06 said:

    does the company have to pay me for the computer I purchased since it can no longer be used for anything other than work?

     

    No, the company doesn't have to pay you anything.

     

    Frankly, if it was happening to me I would say F--K No, not gonna happen with MY property. And I'd be looking for another job ASAP.

     

    Or, start driving into work and using the company computers to do your job like millions of others who don't have the luxury of telecommuting.

     

     


  4. 13 minutes ago, pookyloo said:

    I did put in a repair request through our online resident portal and the microwave is 16 years old,  not 6 as you stated

     

    Right. I read 2013 instead of 2004.

     

    14 minutes ago, pookyloo said:

    And, as I stated earlier, it had been repaired before as I could see where it had been glued.

     

    Take photos.

     

    14 minutes ago, pookyloo said:

     I fail to see how breaking the handle was my fault.

     

    OK, I'll go with maybe it isn't. But if the LL charges you for it and takes it out of your deposit you'll have to sue in small claims court.


  5. Well, you should have reported each incident in writing when it happened and followed up in writing every two weeks.

     

    3 hours ago, pookyloo said:

    I’ve begun to suspect that they are waiting out my lease to charge damages.

     

    Maybe so, but you did break it. It was only 6 years old. That's not very old for a microwave.

     

    3 hours ago, pookyloo said:

    What would reasonably be considered wear and tear or damages in this case?

     

    It's damage.

     

    3 hours ago, pookyloo said:

    The microwave is a 2003 model and the cost of both parts is $230 or the whole thing can be replaced for $189 at Best Buy.

     

    Then go buy it at Best Buy and save some money.


  6. 1 hour ago, Debs said:

    But is it legal for the employer to deduct from my time bank if I do not show for mandatory OT. 

     

    Your "personal time" is an employee benefit, not a wage, so it's probably legal to punish your refusal by reducing your "personal time" available to you.

     

    Or, you could just be fired for not obeying the boss.


  7. Washington landlord tenant statute.

     

    Quote

    RCW59.18-030 (27) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

     

    You're a tenant.
     

    Quote

     


    RCW59.18.200 (1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.

     

     

    That's you. He has to give you written notice of at least 20 days prior to the end of the rental period.

     

    https://app.leg.wa.gov/RCW/default.aspx?cite=59.18

     

    52 minutes ago, Susan1963 said:

    I moved 350 miles to be with him.

     

    That was stupid.

     

    53 minutes ago, Susan1963 said:

    I don't have the means to move at the moment.

     

    Will you have the means in 20 days?

     

    Life lesson from the school of hard knocks: Don't move in with boyfriends.


  8. 8 minutes ago, lisard07 said:

    what are the privacy laws between spouses in Louisiana?

     

    None.

     

    That he gave you his password one time means you have it for all time.

     

    8 minutes ago, lisard07 said:

    Is it illegal for me to go on his laptop to obtain evidence that he has been videoing me and taking pictures of me without my consent?

     

    No.

     

    But what are you going to do about it? Divorce him?

     

    If you aren't, just delete the files and hope he doesn't have backup copies.

     

    Oh, and find the camera. He certainly wasn't holding the camera while you were having sex so it's likely hidden somewhere.

     

     


  9. 6 minutes ago, kvviatt said:

    Does that mean that I would have to do all 6 years in prison

     

    Yes, that's what it means.

     

    6 minutes ago, kvviatt said:

    if so, could I work them down by denying the first plea offer?

     

    Are you willing to go to trial? Is there a chance that the prosecution won't meet it's burden of proving your guilt beyond reasonable doubt?

     

    Do you feel lucky?

     

    Well, do you?

     

     


  10. 2 hours ago, anonymous775 said:

    I'm due for court in a few months and just wanted some advice on what to expect.

     

    Expect a conviction.

     

    2 hours ago, anonymous775 said:

    I do possess a CDL and I currently have 0 violations on my motor vehicle record.

     

    That's about to change.

     

    2 hours ago, anonymous775 said:

    My ticket only has the due care listed, no "clocked" speed limits or any other listed numbers whatsoever on my ticket.

     

    The ticket is just a notice. He'll testify as to what you were doing.

     

     


  11. 24 minutes ago, bmharter said:

    Any suggestions?   

     

    If her college gives a course in business law, she needs to take it and learn the consequences of signing contracts and then breaching them.

     

    She will owe rent from the date she was supposed to take possession until the landlord rents the apartment to somebody else.

     

    Ohio law is quite clear on that.

     

    Quote

    Lessees are potentially liable for rents coming due under the agreement as long as the property remains unrented. The important corollary to that is that landlords have a duty, as all parties to contracts do, to mitigate their damages caused by a breach. Landlords mitigate by attempting to rerent the property. Their efforts to do so must be reasonable, and the reasonableness should be determined at the trial level. If the lessor has acted reasonably in attempting to secure a new tenant, the lessee is liable for the rent up to the point of the lessor's finding a new tenant, or the expiration of the lease, whichever is earlier.

     

    See Dennis v. Morgan, 89 Ohio St. 3d 417 - Ohio: Supreme Court 2000

     

    https://scholar.google.com/scholar_case?case=2698589641397604684&q=Dennis+v.+Morgan&hl=en&as_sdt=4,36

     

    She doesn't have to pay anything until the apartment is re-rented and the landlord presents her with a bill. She could, theoretically, be on the hook for the entire 6 months if the landlord has made reasonable efforts to re-rent but, for some reason beyond his control, cannot.

     

     

     

     

     


  12. 46 minutes ago, Harried&Hopeless said:

    The contract was signed here in my jurisdiction

     

    Did you read the contract? Did you follow the instructions for cancelling the account? Not what somebody told you on the phone, but what is written in the contract.

     

    Anyway, if you were making automatic payments by credit card you can file a dispute with the credit card company to see how many months of chargebacks are available.

     

    You should have been disputing each monthly charge as it occurred.


  13. 4 hours ago, Witzend said:

    So, short of hiring a Real Estate attorney is there a remedy anyone on this site has used successfully for something like this?

     

    Yes, I used a successful remedy a long time ago when I had a crappy neighbor. Not a druggy. White trash. The kind whose property looks like a junk yard.

     

    I finally realized nothing would ever change so I sold my house and moved.

     

    4 hours ago, Witzend said:

    I'm in California.

     

    Condolences.

     

    In many other states he would have been shot dead walking into somebody's garage or back yard. Problem solved.

     

     


  14. 12 hours ago, Cathie said:

    she is entitled to have her wishes honored.

     

    Actually, she's not. A person's "wishes" mean absolutely nothing after the person died UNLESS that person left specific instructions in the form of a will or a trust.

     

    The suggestions made to the previous poster apply to you, too. Start with the home ownership. If it was joint with right of survivorship you can either stop right there or spend lots of money opening probate under intestacy.

     

     


  15. 1 hour ago, KatieS_GV said:

    Part of my thought process is, if building permits weren't required in 1962 then how could there be any type of stringently forced regulation that would still apply in 2019?

     

    Setbacks and permits are two different things. Setbacks are often deed restrictions or legal restrictions that existed when the property was first platted. Permits have to do with building codes but would include setback requirements.

     

    1 hour ago, KatieS_GV said:

    I really, really don't want to lose my workshop as it has significant impact on my art life and if I lose it, I won't be able to continue with a lot of the things I create because my house is too small to accommodate my projects.  But if we don't get this resolved, we will never be able to get any type of permitted work done which we have more plans for in the future. 

     

    If you can't get the solar approved because of the location of the shed you'll have to move it or tear it down and build another. Is there no process for a variance?

     

    1 hour ago, KatieS_GV said:

    I also thought there was some sort of grandfathering clause, in the case for people like us that aren't held liable of expense for new code regulations or requirements.  

     

    You are grandfathered. You can keep the shed forever, until you want to do something new to the property and then you have to meet all the current codes and regulations.

     


  16. Your lawsuit would be for breach of contract but you wouldn't get anything for stress or inconvenience.

     

    And it isn't likely that you would get 6 months worth of billings because that money wasn't lost, only delayed. You're still going to get the money from the insurance companies.

     

    Your cost to borrow money might have been compensable except for one thing - a concept in contract law called "mitigation of damages."

     

    See:

     

    https://legal-dictionary.thefreedictionary.com/Mitigation+of+Damages

     

    You could have easily typed up invoices and mailed them to the insurance companies. What do you think businesses were doing before computers and software came along?

     

    I don't see you having much of a case other than for the return of whatever money you paid those people.

     

    But do consult an attorney if you like, and review your options.

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