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Found 52 results

  1. A co-worker received a request to be on a conference call, but had just started short term disability, so he didn't listen in. The next day he received an email stating he now works for another company (with an accompanying offer letter for the same pay), not owned wholly or partly by his current employer. He has a right to accept this "offer" and if he doesn't, it is considered as his resignation from his current employer. Is this kind of thing legal? Isn't his current employer in effect laying him off? He is one of 6-7 employees this is happening to. Thanks in advance for any help.....
  2. I recently lost a family member, and I know he left a will and a trust in which myself and siblings are named. Even asking about it caused a huge (defensive) reaction from the person we think is the executor, and I was told "you'll find out when I'm good and ready for you to find out." ohh-kay then...My question is this: In Massachusetts, is there a requirement of the executor to notify any and all people whom they reasonably believe are named beneficiaries? If there IS a requirement, are they required to notify within 'X' time frame? Thank you
  3. Sadly our Tenant is in a nursing home and will not be returning. His last month's rent ends Friday. His son has taken the car away but has not done anything to clean out the terrible cluttered mess in the apartment. I saw it when I gave The Tenant a ride back to the nursing home. There is a printer there as well as a big screen monitor. I do have a security deposit. What do I do on Saturday? Do I have to store all the stuff after cleaning it out? What about the "big ticket" items? Do I have to give any security deposit back? Cleaning will take a very long time. Must have it done by 7 February as someone is flying up from Florida to see the apartment. If I store the items can I charge storage fees from the deposit? How long do I have to keep it? I have $1,100 deposit. I intend to have my husband take photos on Saturday before we do any work.
  4. Some background: In 2017 I went to a dealership to purchase a car by myself for the first time. This would be the first time I would need to finance a vehicle, and did not know what a I was doing. I did not have anyone I could ask for help. At the time I was told that due to my credit I was unable to purchase a used car, and would have to finance a brand new one. I ended up financing a 2017 Mitsubishi Mirage for approx $17k. My payments were $440/month. I was told I could go back in a 9 months to a year and refinance the vehicle to get lower payments so long as I made all my payments on time. Fast forward a year, I have made all payments on time and am ready to refinance. I go back to the dealership and am told “No one will approve the refinance, but we were able to get you approved for a new loan if you want to trade in your car for something bigger.” Now my car is tiny, and I did want something larger (which I had mentioned innpassing). Salesman asks how much more I would be comfortable paying and I uncomfortably say I could go as high as $600/month. After basically no back and forth, and no explanation of what trading my current vehicle actually meant, salesman kind of gently persuaded me to agree to a loan payment of $764/month. Does not explain the interest rate at all, which I later found out is 17.25%. I have now been paying this payment for 8 months, and between my payment, insurance, and gas I am spending half of my not insignificant income per month on my vehicle. I can no longer afford to do this, as my rental situation has changed with the loss of income from one of my roommates. I don’t know how long they will be unemployed and the shift in financial responsibilities is going to felt immediately. i can afford to Uber to and from work if I don’t have my car, but I don’t know what the smartest way to get rid of the car is. I am considering voluntary repossession, but I don’t know if that will be better or worse for me financially and legally down the road later. I would also like to know if there are any other options I may have overlooked. please help!
  5. Motion to Dismiss for Lack of a Speedy Trial was denied/dismissed even when the Commonwealth was not ready. 520 days for oui and rear light outage.
  6. So I have been involved with dcf for the last 8 months. Nothing huge, just a verbal argument with my boyfriend and cops got called so they were required to call dcf because my son was there. Anyways. They made an unannounced visit yesterday while I was at work. My son was with the babysitter. 3 or 4 dcf workers demanded they had to be let in so my babysitter was scared and let them in. He’s 18 and they manipulated him. They did NOT have any kind of search warrant yet they still looked around. My house was slightly messy. Clothes here and there, toys because my 4 year old daughter had made a mess the day before she went to her dads. Nothing gross or endangering to either of my kids. At 4pm my sitter called to inform me dcf was back again only this time with the police and they were taking my son. I get my lawyer tomorrow and I have court in 3 days but I need some advice. I feel they abused my rights and had no right to even come in the first place. So now my son is gone and I’m heart broken. Do I have a good chance of getting my son back when we go to court? I cleaned my house spotless and took pictures proving so, and also took pictures of plenty of food I have in the house. They didn’t suspect abuse or anything and everything I read says they need probably cause to enter without a warrant. My son wasn’t in any emergency danger or anything like that. He’s one years old by the way.
  7. A motion was filed for a new trial on grounds of inadequate counsel regarding an OUI case. CWOF., Continued Without a Finding was my plea bargain. My motion was denied. Can the Judge send my motion to an assistant district attorney for the decision? The assistant district attorney worked with the ada I complained about. John F Wholey Jr.
  8. I am a "tenant at will;" lease has ended a while ago. My landlord lives in New York and normally comes back middle of the month to collect rent. I own a cat named, Loki, I've had him since he was a few weeks old (he's 3 now), I treat him like my son. He's been away from me for about 2 years since I've moved into the place until my landlord has finally allowed me to bring him over with certain conditions/rules as well as an extra charge of $80. My landlord and I had a close friendship, otherwise, this house does not actually allow pets. I felt like I had no other choice even with a steep "pet rent;" it's quite difficult to find a pet-friendly apartment for my budget even with roommates. Her conditions were to keep him on one side of the house, away from the living room, dining room, and kitchen. I bought a gate that blocks off the second-floor corridor and this gives him access to my room, bathroom, and stairway. None of this is written down except via text. Around the same time, she(landlord) has been renting out rooms for Airbnb. Now the people that come into house don't normally care to keep doors and the gate closed, therefore, Loki has been wandering in areas where he shouldn't be since I am at work. So one weekend when she came back, saw him in the living room and flipped out on me via text. I tried to explain that the Airbnb renters are the ones that keep opening these doors because they hang out in those types of areas. She did not care for my excuses and has demanded me to seclude him in my room. She could've easily told everyone that comes into the house to just make sure to close doors behind themselves so Loki isn't tempted to explore but she would not compromise. Now the problem with secluding Loki into my room is that it becomes freezing in the winter and scorching hot in the summer; I am on the 3rd floor. There is no heat or cooling besides my portable radiator and A/C unit. Both of which need about 3-4 hours to become optimal temperature (my room is fairly large). I am at work 10-12 hours a day; 4-5 days a week. I am not going to leave these on during that time because that'll boost up the electricity bill. My rent does include everything but it's just something I rather not do and I'm sure my landlord would agree with me. I understand a landlord is supposed to provide heating and cooling for a tenant; she has paid for my radiator and my A/C unit has been given to me by someone else so I let it slide. So I told her, that is impossible because it could potentially kill Loki due to weather conditions. She then tells me she is allergic to cats. This is knowledge I did not know prior to our agreement. There are doors that close off the dining room and kitchen, just not the living room which seems to be the problem. So, I give her a few solutions; 1) Buy some allergy medicine since I am paying $80 extra, it won't be out of her pocket. She tells me, "that's a ****ing unreasonable request " since this is her house, yet, she's only here once a month 2-3 days. 2) Offer to clean after Loki before her arrival with proper notice (she never tells me when she comes, and at times doesn't come until months later). Tells me her allergies will still appear even if I clean thoroughly. 3) Install a gate large to fit the entryway of the living room. She doesn't like the idea of having a gate for her own living room. Loki is a very well-behaved cat. He's neutered, got all of his shots. Generally, an affectionate little boy. He's gotten quite comfortable being at his new home. I'd hate for him to have to move again. Stability was a problem for him, moving place to place throughout my relatives. For a little while, he was raised with my cousin's pup, so he kind acts like one too (knows how to sit on command.) He's not registered as an emotional support cat but with my current anxiety and stress, it is something that's attainable. It'd help to knock off that stupid $80 a month; I'm sure she'll just say if I do that, I'll have to move since originally this house did not allow pets. Rather not worsen my case. I don't know the law whatsoever besides researching via google (pet rights, tenants with pets, etc.) Currently, I am looking for places that are affordable and pet-friendly, I fear my landlord will evict me sometime soon. I am seeking any kind of advice that'll prolong my stay with Loki. Please help. Thank you, Adam
  9. I apologise for not being in the right place. So over a year and a half ago. My two kids were taken into dcf custody from my ex.. since then Dcf has returned them to me. However mom is contesting DCFS choice... Now our trail in sometime next year... Now I'm worried that after all this time... Mom could get em back.. right? However my son is type one diabetic. Mom hasn't done any training for him.. nor has she tried to call or see her kids in almost a 3 months... She lost her license and car... Let my know your thoughts... If your having issue understanding me.. please ask and I can try and explain my self better..
  10. Can a case be defeated for the lack of this mandate. By law the arresting officer must submit a record of refusal to the Registry of Motor Vehicles within 24 hours. There should also be a witness to the refusal and that person should be recognized on this document.
  11. I've had my personal information, such as name, address and family photos posted on a public Facebook page. I've also been falsely accused of writing for a hateful blog by the very same people. My husband is a corrections officer and my name and address is out there for all to see. Can anything be done?
  12. Hi. I filed chapter 13 a little over a year ago. I now wish to convert to a chapter 7, as the car that I was trying to hold onto via the Chapter 13 is falling apart. I have contacted my lawyer 3 times about this since August 17th. A couple of questions were answered in one email, but I have not had any response to my follow up on August 24th. I want to find a new lawyer, but I guess it is not as straightforward as I thought it would be. Can someone please tell me what steps I must take to find a more responsive attorney. I feel like we could be so far into the process already as I don't think it is that complicated. My Chapter 13 certainly wasn't. Thank you ahead for your help. Donna
  13. Wanted to cancel a contract and I counted Saturday and Sunday as non business days and the company states that Saturday is considered a business day in Massachusetts since the post office is open!!!I have never heard of this...can anyone enlighten me thanks
  14. My order was to pay child support for two children until they reach 18 - then if they attend college, until the age of 23 while they are in school. I have two children, the oldest chose not to attend college, the youngest did. My child support payment stayed the same for years while the oldest did not attend and the youngest did. Now I am responsible for half of the owed college tuition for the younger child. Can the past years of the over payment amount (for the older son) be applied to the currently owed tuition of the younger son?
  15. Hi I rented apartment but after less than three month, I was laid off from the job. The rent is pretty expensive, so I broke the lease and have to move back to my parents home and try to find job. At the time the leasing office gave me two options, basically paying three months of rent for out of lease OR giving one month notice and pay the rent until they find the new tenant. Since three month of rent is way too much for me to handle, and I thought the Boston housing market is very strong so I selected the second option. Now the company put my unit on their website but raise the price more than 15%, it has been almost two month now and the unit is still there. I called them they said they are using market price. I can't continue pay the rent for the unit that I already moved out. I don't know how long I have to pay. The argument is: 1. Based on the law, the landlord has to make reasonable effort to find new tenant which I don't see it happens. 2. Their market price is ridiculous, my original rent is $2,800, they list $3,400 on their website now. I told them I will stop paying the rent. They threaten me for collection agency. What can I do? If finally I have to go through the court system, do I have chance? This is a big rental company. Thanks.
  16. I really need advice. In October my roommate and I were in a car accident. A car stopped short and we rear ended them. By standers immediately came to car and told us that the engine was smoking badly and we needed to get out of the car. My roommate and I were sitting in chairs on the side of the road when the police arrived. The police office gave my roommate a ticket at the ER. There was writing at the bottom of ticket that we couldn't read. We were in the process of trying to figure out how to go about deciphering the ticket when my roommate who was the driver got a letter in the mail telling her she needed to pay the ticket immediately or she'd lose her license so we paid it right away. Shortly after that we found out that the writing we couldn't read said that my roommate wasn't wearing her seat belt which is completely false. If she hadn't been wearing her seat belt she most likely wouldn't have survived. I'm writing this instead of my roommate because she's unable to deal with the accident and everything that's happened as a result. There has to be a way to correct this. Her car insurance has gone up over $150 because of a lie told by a police officer. She feels like a burden because she has no money and is constantly in pain and to make matters worse a police officer who's supposed to protect people lied and said she wasnt wearing her seat belt when he didn't even get to the accident until we were already out of the car. Please any help or info you can give me will be greatly appreciated. She's never even had a speeding ticket. It's a horrible situation Thanks
  17. hello, in new to this.I've never been too computer savvy. So I apologize in advance.I've been my 80yr old mothers primary/ only caregiver for almost the last decade. I was her durable P.O.A. and only healthcare proxy.I've initiated surgeries, brought her to all apps.(pcp, neurology,e.e.g's etc.)In June of this yr she became very ill w/an infection. It completely exacerbated her dementia. After 2 1/2 mths I realized she needed much more help than I could provide as I am a single mom of little girl also.I have 4 other older siblings that have done absolutely nothing to help or even visit often.I never dealt w/her finances.my oldest sister whom my parents paid for her college degree in business did.she has seen her 2x in last 3yrs.once 3yrs ago after mom suffered heart attack & once after spending the month of June hospitalized in U.T.I. induced delirium. Last mth I was delivered with court papers for immediate guardianship &conservatorship. The two oldest were claiming abuse & neglect on my part.I cannot afford atty. Of course they had a big Boston atty.although I won that battle in court because it was plain nonsense and the judge seen through their lies.we went back to court this past mon.and i agreed to have a court appt. Guardian (anyone outside the immediate family) I never had any interest in being responsible for her $$ and honestly I don't have the skill set.(my late father owned a large construction co.&left her what I now know is a few million in a financial institution.)but for all my yrs taking care of my mother we have lived off of our ssi &what I had in savings before I entered this situation. Also back when my mother was competent and just needed knee replacements and my family wasn't doing anything about her constant falling(that is when I moved in to help her &took over as health-proxy) she wanted to make sure she left her primary home to me as I gave up my home to come live w/her,left vacation home to another sister and divided the rest of estate between us 5 siblings. So she did all her estate planning/last wishes/will prior to surgeries and while still still competent.(even had competency testing,atty was very thorough)in court I received papers saying now not only did they have her sign proxy/ P.O.A. a week after being released from hospital (she didn't even know how many children she had the morning of) but the visit after the heart attack the two oldest had her sign new "will" saying the home she left to me is now in a trust in their names.I don't understand how they can get away w/this.my mother has been clearly incompetent for at least the last 3yrs. They haven't had anything to do with the caregiving of my mother yet they are truly talented at scheming &lying and the worst part is they take advantage of her when she's at her most venerable. They have done soooo many other underhanded things also.far too many for me to get into.like basically just taking over my fathers business which he left solely to her.while she walked around in shock for a yr.after her husband of just under 50yrs passed away.now a guardian is getting involved (which in very pleased about) just in the past yr.I've received help from an elder service agency that has a cna come mon.&wed.'s for 3hrs so they know what's going on but have no legal authority. I've also became so isolated because of the 24hr a day care i have to dedicate to my mom.I am very alone in this.now I fear in going to end up homeless w/my 8 yr old.They have all the money and resources while im completely spent in every sense of the word.emotionally, mentally, financially. Im hoping against hope that I can find a pro Bono lawyer that can just honor my mother's wishes.that's all I've tried to do for almost my entire 30's&now im 41-year-old. All I have is her doctors referrals of me and the few people that have worked to help me w/her care in the last yr. Any advice and or help with this matter would be so very much appreciated. Sincerely daughter of Alzheimers.
  18. I have a 16year old child who extremely mentally sick and required hospitalization often. I recently went to court and for medical issues I had asked the judge to grant me the primary and only person to provide medical insurance for the child. As agreement from the court that what it said. Dad live in VA and I live in MA so there no need for his insurance to be involve and also when she is admitted to a hospital the dad insurance don't coverage close to home so it very difficult to have both insurance to be involved. Since I am the primary care for the child and my insurance is from here it just make sense to for me to have the primary insurance. We both agreed to this. Now I am facing a big problem, My insurance wont pay because his insurance is still active and he had no plan to remove her after many discussion and argument even with a court order. My insurance is asking for "end date" from his insurance to pay for any outstanding bill and I am taking about thousand of dollars. Now I am also facing that the PCP clinic that she is goes to wont take her until I pay this outstanding bills. I also have another child with my current partner and they are refusing to see him as well because the bills are attach together. I don't know whats to do. Any please help!
  19. Hello - I graduated from college in 2004 from a private institution. My college is withholding my transcripts because there is a phone service bill overdue on my account. Since this debt is not related to academic fees, what possibility do I have to get this waived/removed? I've asked the school to provide me with back up documentation for the debt, and they haven't replied to my email. Any help/guidance is much appreciated. Thanks!
  20. If i own two homes on the same deed and want to split the land and sell one of them, how would the gains be calculated? We use both homes and have one mailbox. There are separate 911 addresses but it would be hard to say which home is our residence. We've been here 17 years. Would i claim one as a residence now , and the other as a residence for a future sale? Or would there be no deductions until the whole property is sold?
  21. I have a few questions regarding converting my Chapter 13 to Chapter 7, and also Attorney's fees as reported in the National Data Center. How long does a conversion take once initiated? When do Chapter 13 payments stop? Once a conversion is filed, or completed? What will happen with my car (do they come and get it?), and approximately how long do I have to find a replacement vehicle? Regarding attorney fees: Some of my attorney fees are included in the Chapter 13 plan. What happens to them if / when I convert? When I look at my information on the NDC (National Data Center) website, I noticed that there is zero payment recorded for "Attorney payments made outside the plan". I did pay my attorney $1500.00 outside the plan. Should this concern me? Should this have been reported to the Bankruptcy Judge and be recorded in NDC? I know this a lot, and appreciate any and all help! Thank you!! Donna
  22. Michelle57

    FMLA

    Hello, I am out of work pending approval of a LOA after a car accident. I have submitted several doctors notes & a return to work note. However, my employer will not approve my LOA until my doctor fills out a form with a start & end date due to my injuries, after instructing me I was ok to go on to contact my work office to set up a return eligibility interview. I was released to go back to work on 7/18, but I am unsure what date should be the start date for several reasons: - After being out on paid sick leave for several days, I attempted to return to work. I could not, went out sick again. - Human resources instructed me to file for LOA. - I am unsure what would be the official LOA date? What date would be correct ? Thank you for your time, Michelle ,
  23. My adult disabled child is entitled to survivor benefits as she has had a disability since teenage years. She was on SSI, now is collecting the survivor benefit which is a little more, but her food stamps went away so it is what it is. Anyway, she is supposed to be getting back pay going back 4 years. Her SSI income was $733 per month. Her Survivor benefit is $1101. How is back pay calculated, and is it dispersed in a single or multiple checks. I am her rep payee, so I want to plan wisely as to how to tell her, and guide her decision making. Have gotten different answers by calling the 800 number. Any help is appreciated. I know this may not be the right forum, but I did not see one specifically for social security. Thank you in advance... Donna
  24. Hi, I am an independent contractor and have recently entered into a verbal agreement with a contracting company to perform product installation services for a major telecom during a work stoppage. The contract stipulates that work will be 6 days a week at 12 hours per day and that it was 30 days guaranteed work with an option to work longer as the strike continued. I also have these details in several emails. It was also understood by me and other independent contractors that if the strike ended early we were guaranteed a minimum of 30 days pay. As it turns out; the strike ended 17 work days later. At this point all involved expected to be paid for the remaining 13 days at our hourly rate x 12 hours x 13 days. They said it would be a couple weeks before payment. Nine days later the contracting company states in an email that their client considers the 30 days commitment as a 6 day work week; so we lose 4 days of 30 day commitment. Then in the same email they state that the client is only going to pay 8 hours per day for the remaining unworked days. To me the agreement implies 30 days of work at 12 hours per day. This arbitrary recalibration of the hours and days appears to me as a blatant breach of contract. It has been 45 days since the end of the strike and I still haven't been paid for the unworked hours. I want to send a demand letter to the parties involved for the unpaid hours @ 12 hours per day x 10 days and include a notice of breach of contract. Would be appropriate to format the letter in this fashion? Also, does it appear, to you the reader, that there is a breach of contract in this case? Regards.
  25. Not using real names here but wondering how inheritance breaks down in the following example. Please note, Jill is Jack's mother. They live in the house together, with Jill's second son. Deed reads: Hill, Jill and Jack A TRS Jill Hill Trust Are Jill and Jack are co-owners? How does Jill's trust fit into this? Does this mean that if Jill dies, Jack gets half the house and Jill's trust dictates who gets her half? Jill's intention is for Jack to be a beneficiary, along with the second son who is living there, and two other children who are not living in the house, so that the property will be split four ways when she dies.
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