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Found 65 results

  1. What is the job of a court appointed mediator in determing custody and visitation rights of parents, especially when the male parent is establishing a legal history of battering girlfriends? what is the judge's respnsibility in relation to the mediator?
  2. KnoxTNQ

    Overtime Question

    My husband has a question about how his overtime is being calculated. I did a search and didn't find anything about this unique situation, but I think I learned enough to give most of the required information upfront. If I missed anything, I'll be glad to answer any questions. He is a skilled laborer and many weeks he spends working out of state, which requires several hours drive time there on Monday and again to get home on Friday. He drives a company truck on these trips, and usually carries a passenger. He is paid about half of his usual pay for this drive time. Is that allowed? He does go to the office first, then picks up his passenger, and sometimes materials or tools, then leaves town. None of this travel has been outside of his normal working hours, but if he had a job that was further away, I guess it could. He often works more then 40 hours on these trips, if you include drive time, but his paycheck doesn't reflect it. For example, this week's check has 46:28, but only 2:55 of that is paid as Overtime. 7:21 is paid as Drive time and 36:12 at his regular rate. (Note that this is displayed as hours and minutes, not as a decimal. It took me some time to make the number work because I am used to seeing a decimal.) So, my questions: 1. Are they allowed to pay him a different amount for the time that he is driving? 2. Are they allowed to not pay him time and a half for hours over 40 when those hours are spent driving? 3. If they are required to pay time and a half for drive time, should it be calculated using his "working" rate or his 'drive time" rate? I appreciate any help I can get! He wants to be as informed as possible before he discusses this with his boss.
  3. I am the brand new owner of a house in Knoxville that has been rented with no lease for many years. The renter made regular payments to the past owner and is current. I contacted the renter several times to set up a time to meet and sign a new lease. The renter does not want to meet me or sign a lease. I told him that he would need to meet me if he wants to rent from me in January and he has not responded. I need to do major repairs to the house and don't mind renting to him before I am able to begin, but he needs to sign an agreement with me and I need his information. The past owner has no information on him besides his phone number and copies of money orders. How shall I go about evicting this uncooperative renter and does it make a difference that he rented the house for so many years without a lease from the past owner?
  4. I'll be going back to court in December 2018 for the 4th time in 2 years . My mother in law is repeatedly tried to get custody of my 2 kids. How can I stop this she has lied in court lied on paperwork for courts. Fraudulently use kids ss to receive state families first help .
  5. I run a clothing business. I am toying with the idea of allowing my customers to design their own products. They would have the artwork - where ever it came from - they would upload it, complete the purchase & I would manufacture and ship. What is my liability on potentially producing items that are using copyrighted materials, i.e. NFL logos, Disney Characters, etc? Is it still my responsibility to "police" what is being ordered or would the liability fall onto the customer?
  6. cew

    mr.

    I gave my email address to the car salesman. Then he asked me a 68 year old disabled veteran my password. Next thing I was asked for was $1000 down. I signed a screen with the alleged contract, then I was sent a paper contract except I did not accept the FedEx delivery because I needed an electronic transmitted contract. The finance person told me to come in about two to three weeks later for me to sign the contract. I went under duress 200 miles and sign another contract. The car price was $5600 then with a four interest the balance became $7579, plus the down payment the balance became $8579? They told me that I do not know how to add.
  7. A car that had a contract breach, because the car dealer sold me a vehicle for approximately $5600 in 2016. The dealer charged me interest for a four year loan, totaling approximately $7500. Then I paid $1000 down except the contract I signed the second time under duress added the $1000 to the $7500 to total $8500, which the dealer told me I owed the $7500. Is this a criminal act or do I just sue for a civil violation. Oh, they repossessed the car last year in 2017 because I paid them in person but they did not pay the finance company even though I got a receipt. I made a second payment timely but the car dealer sent the mailed check back and told me to pay the finance company. My credit was lowered because the finance company said that they did not get my first payment. I filed for a lost or stolen check with my bank. The second contract has additional charges of administrative charges of $495 and a license charge when I paid my registration fee transferring my old plates. The financial company has my credit report listing $5600 owed or bad credit while the car dealer got the car back. Do I file criminal or civil charges?
  8. Can I add my daughter to my insurance even though my cousin has custody of her; my insurance would be the secondary insurance? And would it effect my cousin taxes cause she claims my daughter as a dependent as far as the insurance is concern. The HR department said that it wouldn't affect it at all, but I am trying to make sure before I add her to my insurance.
  9. pfurman159@yahoo.com

    Theft of Wages

    I work for a company that is based on a percent of performance for the week. Such as, each product is worth a certain amount of time, and should be completed within that time or better to obtain 100 percent or better for a base pay. The problem is first of all, we may obtain over 100 percent by our break, but during the break with no production being produced, the time for break is included in that hour of production, resulting in lowering the production for that period of time. I didn't know they could take away what we had already earned. Another, is our supervisors have the right to add or take away time that we were clocked out of our production job, doing something else, thus also lowering or escalating the production rate. This also does not seem fair, as some people are showed favoritism. So it seems that for the first two hours of work, we need to work to earn our break in order to have 15 minutes over our production time in order to stay at 100 percent or higher. And then again for our second break of the afternoon.
  10. My boyfriend and I were accused of shoplifting and burglary (bc I was banned) I was falsely accused of skipping scan and they thought he stole a crane machine carebear and put him in handcuffs and security tackled me so I ran ? we went to jail and posted bond and it’s been almost 2 years ago and court keeps getting continued. Shouldn’t it be thrown out?? They even humiliated us by putting our face in the paper and lied saying he walked out w a bag and a bear ?
  11. Klane

    Haven't been paid

    I work for a security company in Memphis called TPA ( The Protection Agency ) I've been waiting on my check for two months but keep getting excuses saying the particular contact hasn't paid them yet aren't they required to pay me even though they haven't been paid ???
  12. Ok, this is not straightforward. A man named [redacted] Prince, of South Carolina, needed to borrow some money, and asked my brother David, if he would buy his truck. David gave Prince the money, and Prince KINDA signed over the truck to him. They were pals, so David never SIGNED the title, thinking Prince might want it back. The transfer was never officially completed, paperwork-wise. Prince's truck sat at David's house, in South Carolina, for some time. Prince died. Then my brother David died last year. David had no Will, so his estate went to his daughter, my niece, Holly. Holly and her husband found the old title to the truck, not properly filled out or transferred, and decided they didn't want to mess with it, so they just left it out of Probate, as it wasn't OFFICIALLY Davids, and gave the truck and title to my mom - also Davids mom - Holly's grandmother. My mom brought the truck to me, in Tennessee, and gave ME this title, such as it is. On the back of the title where it says "Assignment of a Vehicle" someone has put Davids name and address, but David never signed it. It looks like someone penciled a date in at a later time, 1-4-17, I think, but it doesn't look like pen. By "Signature of Seller" is [redacted] Prince's name printed, signature, and address. I don't know what to do with this. I could sure use a vehicle, but this title stuff is a mess, and some people say I should just sign MY name, others say I need a certificate of death on one or both men, and some say Holly must reopen Probate and find some way to complete the transfer of the title into Davids name, THEN put it in HER name, then sign it over to me. Of course, just to make things as complicated and difficult as possible, mom and I are estranged from Holly, so working with her, expecting her to do a bunch of paperwork and such, on mom's or my behalf isn't really likely. Mom was amazed that she brought the truck to her. Anyway, how can I get this truck properly titled and registered to me, here in TN? [redacted]
  13. Kayley

    VISITATION

    If my children’s father has not informed me that he has moved into a motel with his new girlfriend(alcoholic person) for weeks now, can I withhold my children from going with him for visitation if I let him see the kids at my home? The motel is full of druggies and illegal activity, he keeps telling me he is still living at his old roommates which they informed me he’s been gone for weeks now in our papers it states he has to tell me immediately if he changes addresses.
  14. GroundGeek

    Intellectual property

    In 2014, I made an on-line purchase of software. It was last year's version and I purchased it through an on-line retailer. I have the receipt and paid about 1/3 of the new price for the software. As it turns out, the retailer that I purchased from was not authorized to sell it. Over a year after the purchase, I was contact by an attorney accusing me of copyright infringement. Basically, they say that I purchased stolen software. I have offered to return the software. Have made no money from its use. Indeed, I have only used it 2 or 3 times and only minimal applications, at that. Now they want me to pay full price for the product and are refusing my offer to return it to them. What are my options?
  15. If a tenant lets loose one of the landlord's animals, and the animal goes onto a neighbors property and destroys property, who is responsible? the tenant? the landlord? if the tenant releases the animal as an act of mischief?
  16. Where does one find a printable PDF Tennessee civil warrant form for general sessions court or small claims court on line?
  17. I lack access to any Tennessee case law, but by computer. What is a good site on line to find Tennessee cases about the duty of a renter of a farm to pay rent after a low crop yield? what Tennessee statute covers that subject?
  18. johndoe_5359

    TN Petition

    Does Tennessee allow a petition or referendum to make a state law? how? does the legislature have to refer it to the ballot? Can a person distribute a petition to put a proposition on the ballot to make a state law in Tennessee? how many signatures must sign the petition?
  19. johndoe_5359

    TN Small Claims

    What forms do you need to complete and file to pursue a civil action in a Tennessee small claims court? to collect past rent and damages to property? Also, can another non-attorney person or relative represent the complainant or filer of the action in court?
  20. johndoe_5359

    Credible Diploma

    Does any school have to tell anyone who asks for any reason whatsoever, especially to deter fraud, that it gave a person a diploma in Tennessee?
  21. johndoe_5359

    Tenancy at Will

    Can a landlord successfully pursue an action for unlawful detainer by just saying in court tenancy at will is the lease made orally between tenant and landlord?
  22. johndoe_5359

    Repairs

    How does a landlord enter a rental to repair the plumbing and floor when the tenant refuses to let the landlord in the rental?
  23. After you send the notice to evict or pay rent to the tenant, and the tenant refuses to pay rent and leave the premises, do you call the sheriff and have the sheriff remove the tenant in Tennessee? what paperwork must you do to get the sheriff to remove the tenant in Tennessee? what paperwork must the sheriff do?
  24. Hello, I'm writing on behalf of my husband. Issue #1: Vacation policy change without notice My husband has been working at the same company for over eight years, but three years ago the original business owner sold it to an employee (my husband's functional doppelganger). Apparently, when the new owner took over he changed the vacation policy without notice. My husband should have been able to take ten paid vacation days off per the original business owner's policy regarding an employee of 5 or more years but when the new guy bought the business, he "reset" the vacation time and made my husband an employee of zero years. This does make sense to me because my husband was, in fact, a new employee under the new owner. What doesn't make sense is the fact that he did this without notice or discussion. My understanding is that this change of policy is recorded in the legal / business documents hidden away in the new owner's office but my husband has not seen them himself nor has he been given a copy. He found out about it last week when he asked for time off even though the change apparently occurred three years ago. It feels like a gyp and for all we know, his boss could be bluffing (we have yet to see any proof of a policy change). I don't expect my husband will receive any compensation apart from a document stating a change of policy three years too late but it would be helpful to know whether we can actually confront him from a position of legal strength. Lest you think I'm a sourpuss: Issue #2: New employee is paid in time off so the boss doesn't have to give him time-and-a-half in overtime pay Rather than paying time-and-a-half for overtime, the boss lets this new employee of one year (a personal friend of his) use his overtime hours as vacation hours. This is a gentleman's agreement between the boss and new guy that both are happy with. As a result, new guy is allowed to work whenever he wants for as long as he wants and simply report when he will be taking time off. He has taken many days off this year - more than the five paid days off my husband is allowed. If you put your head in your arse and think about it, it makes perfect sense: if the guy works extra hours he should be compensated, and if the two men agree upon the method of pay it shouldn't bother anyone else. My head is not in my arse and I don't think it's justifiable. It is unfair to my husband because (a) as the seasoned, long-time manager of the business, he has to pick up the slack when new guy is gone and correct the daily mistakes he makes (a petulant reason but there it is), (b) he isn't given the opportunity for overtime because it is a financial bother for the boss, (c) he just learned his vacation days were "reset" while the new guy is given the opportunity to earn vacation days and my husband is not, (e) the new guy is essentially the replacement for the position the boss vacated when he became the boss and is my husband's new functional doppelganger, which includes same pay and job description as my husband when he started 8+ years ago, and (d) it is so incredibly unethical. I'd love to know if we have a case on this issue. Finally, one situation we probably can't argue with any strength but illustrates how sly the employer is: Issue #3: Hourly wages during the "off-season", salary during the busy season, back to hourly when business slows down The busy season runs from March to August. My husband worked 50-60 hours each week the first year the new boss owned the company and was compensated via time-and-a-half overtime pay. The boss tried a different scheme the following year. Rather than keep my husband at hourly pay, he worked out a yearly salary based on the hourly rate of pay, but the pay was not increased. At the start of March, he announced that my husband was on salary and would be expected to work as many hours as were necessary during the busy season for the same pay rate. He promised bonuses (a little bit of sugar helps the medicine go down) which amounted to a whopping $200 for the entire six-month period. My husband worked the 50-60 hours per week as required and when August came around, the boss announced the new salary system "wasn't working" and reverted back to hourly pay. Naturally we were furious. To top it off, the boss began building a $500,000 house that summer while we were drowning in car repairs. It is my understanding that this is illegal now (thanks, Obama) but I am eager to know if it was illegal at the time. Thank you for your time and patience. We are very frustrated. My husband did quit once but the business tanked and customers came in specifically asking for him. Some of them said they would take their business wherever he had moved on to but he signed a non-compete agreement at the start of his employment 8+ years ago. Enough customers complained about the business in his absence that the boss asked him to come back. He doesn't push back when the boss takes advantage of him because he doesn't know whether he has any true legal strength to push back with. Please advise, especially regarding Issue #1, as it is the most recent and urgent.
  25. johndoe_5359

    Land Theft

    Who deals with land theft federally? the secret service? in Tennessee? the TBI?
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