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ElleMD last won the day on June 11

ElleMD had the most liked content!

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About ElleMD

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  1. ElleMD

    Health insurance for her kids

    Why would you think you would have any responsibility for children who are not yours and are no longer even your step children? Unless you adopted said children, you have no legal relationship to them once the divorce is final. None of them would be able to stay on your employer's health plan after the divorce. I suppose you could agree as part of the divorce settlement to pay for HER health insurance post divorce but that would need to be on a separate plan and I can't imagine why you would be the one to pay for it. Unless you volunteered to do so, I can't imagine why you would pay anything toward the support of the children that aren't yours.
  2. ElleMD

    Is this Malpractice?

    I presume Arag is the legal insurance plan/network. It is a benefit some employers offer and can be purchased by individuals to cover basic legal services for a flat rate so long as they use a "network" attorney.
  3. ADA has no bearing on family member disputes. If Dad sold the house while he was still alive, the house now belongs to the person he sold it to, not the estate. If there are personal items, you will likely have to sue for them.
  4. ElleMD

    Child support and father rights

    If child support was withheld from his checks, there was an order passed. Your bf is either lying, or just not paying attention in the extreme. If these are his kids and he knows he is to be paying support, it is his responsibility to do so. If he has a change in circumstances and can not afford what he is ordered to apy, he needs to file for a modification with the court. He will still owe the same amount until there is a new order passed, and he will still owe something toward support, but it might be a lesser amount. If he doesn't have visitation or custody and wants this, he needs to file for it with the court. This is separate from support. If he doesn't know what to do or how to start, he really needs to hire an attorney to walk him through the process.
  5. ElleMD

    Emotional Support Animal

    If your landlord wanted animals around, they would not have a no animal policy. You are asking for an exception to something they specifically decided they did not want. ESAs have only become really popular in the past few years and the laws allowing them in many states have only recently evolved. The laws also don't apply to every rental situation, so first you need to make sure your residence is covered by the federal laws and the laws in your state.
  6. ElleMD

    Is this Malpractice?

    Surely you didn't think this attorney was just waiting by the phone for the baby to be born, in order to spring into action and race to the hospital with paperwork. If the mother changed her mind that quickly and easily, it sucks, but she was entitled to do so. You say the mother was a friend of yours so it seems...odd...that you wouldn't have been in communication about the plan and that anything said by a stranger would have been enough to derail the plan.
  7. ElleMD

    landlord responsibility

    Turn off the cap lock. If your lease indicates they are responsible for the refrigerator, then your landlord should replace it if it is not able to be repaired.
  8. This isn't a late payment penalty. Per the site you posted Rent Increases or Other Changes in Terms If you wish to continue renting, be sure you know whether any of the terms of the lease will change. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew. If your lease does not automatically renew, be sure to thoroughly read the new lease you will sign. It is a new contract between you and the landlord and any of the terms may be different from the terms in your prior lease. Is there any limit to how much my landlord can increase the rent for a new lease term? Maryland state law has no rent control provisions, although local jurisdictions may have rent control laws. See page 12 for more about lease renewals. If you are "only" paying $190 in the city, you are lucky. Penn Station is $220 a month and that is for a city garage.
  9. I have no idea why you filed with the EEOC for an FMLA violation. In any case, when the EEOC gets a claim, they gather basic information from both sides, see if the sides are willing to mediate the claim and work it out. The EEOC isn't going to negotiate for you, however. You have to participate. If the sides don't come to an agreement, then the EEOC either decides the claim has enough merit to take on and sue the employer for the violation, or you get the right to sue letter, which the consolation prize. IT allows you to pursue it if you choose to do so, at your own expense and with your own legal counsel. If you are still complaining of FMLA violations, it is unlikely you filed the claim properly with the court. It is not at all surprising the employer is filing to dismiss. You really need to hire an attorney to see if you can salvage anything of this claim. There is an administrative procedure for FMLA violations and statutes of limitations on those claims too, and they are not interchangeable. There is a find a lawyer feature at the top of the page.
  10. ElleMD

    Emotional Support Animal

    There are three types of animals; service animals, emotional support animals, and pets. the first one rarely causes a problem, and includes seeing eye dogs and the like which are specially trained to perform a specific function for a disabled person. They must be allowed pretty much anywhere. Under ADA it is also limited to dogs and miniature horses. Pets are easy. No laws really govern these other than lease laws in parks and keeping them up to date on shots and that kind of thing. No one is entitled to a pet in their home unless the landlord agrees. Emotional support animals are the sticky wicket. There is no training required, or certification (though there are companies on line willing to take your money to mail you a phoney certificate not worth the paper it is printed on), or bright line as to when one is justified. IT can also be any animal. Legally, landlords "must" allow them, though they can require documentation and a dime a dozen letter from a doctor may not be enough to qualify (it does suffice for flying with an animal). Letters can also be bought online so savvy landlords have stopped accepting these and often have forms that must be completed by an actual doctor who is treating the resident and they must verify it is for a disability. Again, there is no bright line here, and if you are trying to bring a pet into a residence where the landlord has specifically forbidden animals, expect some scrutiny and for the landlord to not be thrilled that upon being handed a piece of paper from some doctor they don't know, they now must incur all the things they were hoping to avoid by having a pet free policy. So, start by asking your landlord what is needed as you now require an ESA (assuming you really do as part of your therapy). IF they flat out refuse, you can report it under the Fair Housing laws. In general, it is probably a good idea to move to a pet friendly place if you intend to have an animal in the residence.
  11. ElleMD

    In The News

    Different state, but I have worked in higher ed, and I can pretty much guarantee you that it is entirely legal to seek the resignation and or terminate the contract for a chancellor based on the conduct of a spouse. In fact, I would be highly surprised if there weren't even some sort of clause to that effect in the contract itself. For many high level positions in education, "close association" with someone who has caused harm to the institution/school/system, is a reason to end it.
  12. If the CBA indicates how shifts are to be assigned, and the agreement isn't being followed, that the union can do something about. You would need to contact your union about it though and if you are limited in when you can work or the number of hours you can work, then that would be a logical reason to give more hours to another employee. IT depends what your agreement says. As for general rules and such that aren't in the agreement, and I suspect having a cell phone out in certain areas is probably not in said agreement, it is one of those things you just have to get over. IT may be unfair that the "teacher's pet" gets more leeway than the rest of you, but it isn't illegal. Unless there is some clear danger, running to tattle is not going to improve your work environment. Flirting isn't illegal. Nor is flat out being in a relationship with a coworker or even manager. It happens every day. IT may not be a great idea, and it *may* be against company policy, but that isn't for you to police unless you supervise those involved.
  13. ElleMD

    Enforcement of a visitation order

    Curious what the charges were
  14. ElleMD

    Gave father custody of children

    All of those answers were legit answers, or rather questions that needed answers before anything resembling sound advice could be given. If it was obvious what the poster's situation was, we wouldn't have to ask, but it is far from obvious what happened, or even where it happened.
  15. ElleMD

    Custody Court Order Reinforcement

    It has only been 3 days. You clearly have not worked in a school. This isn't the only student or any request being made. Adding a parent who is 3,000 miles away to a contact list is not a high priority item. It just isn't. You are lucky they are acting based on an email at all. The court order isn't binding on them; it is binding on the parents of the child. The school is just the middle man. The school probably needs time to even verify this is a legitimate request and not something sent by some random person via Photoshop. He needs to stop[ putting the school in the middle and take this up with the other parent. SHE is the one who needs to add him as a contact. If SHE fails to do so, then HE needs to file in court for contempt of the order. He has no recourse against the school as they are again, not a party to the order. The court can't make them do anything. If they choose to act, it is according to whatever guidelines they choose to implement and on whatever timeline they deem appropriate.