|
Removed
Andy Dufresne fucked around with this message at 20:04 on Jun 22, 2012 |
#
?
Jun 14, 2011 16:09
|
|
|
|
| # ? May 16, 2024 04:51 |
|
|
InfoAficionado posted:Thanks for the advice, yes they did physically serve my mother and the girlfriend yesterday. My brother is telling them not to go to court so at least I can tell my mom that she must go. She's still wondering if she has to answer questions that could implicate him though.
|
|
#
?
Jun 14, 2011 16:11
|
|
|
nm posted:His parents have already been served (probably, service means they were physically handed the sub, or called back when one was left, a sub left without service, isn't good), so they're subject to contempt charges if they don't appear. Indeed they are subject to contempt charges. But no prosecutor will push a judge to go after dear old mom because she doesn't show up to testify against her own son on vandalism charges.
|
|
#
?
Jun 14, 2011 17:46
|
|
|
InfoAficionado posted:Thanks for the advice, yes they did physically serve my mother and the girlfriend yesterday. My brother is telling them not to go to court so at least I can tell my mom that she must go. Look: If your mom does not go to court the case will get continued and they will call and bug her to come to court. She will likely have the opportunity to talk over the phone to the prosecutor and wail "Don't hurt my son I aint coming!" Eventually they may try to send out a sheriff to pick her up and bring her to court and hold her in contempt. But if she does not go/is not found, the prosecutors will likely eventually have to dismiss the case if she is the only live witness against him. (If he confessed to the cops then none of this matters anyways). Chances of them taking retribution by going after your mom after the fact for contempt are not so good. Sure, yes, talk to a Nebraska Attorney.
|
|
#
?
Jun 14, 2011 17:57
|
|
|
Thomase posted:Ontario Canada Typically when someone is touching you inappropriately despite being told to stop and approaching you repeatedly saying harassing things, you call the police instead of writing serious letters to your employer or wondering if maybe you can cash out in some civil action. aarfo fucked around with this message at 18:08 on Jun 14, 2011 |
|
#
?
Jun 14, 2011 18:04
|
|
|
aarfo posted:Typically when someone is touching you inappropriately despite being told to stop and approaching you repeatedly saying harassing things, you call the police instead of writing serious letters to your employer or wondering if maybe you can cash out in some civil action. She's worried that she'll get fired and lose her maternity benefits. (which is why we care about civil action) She also doesn't know the name of the parent, the daycare won't give her information other than the child's first name.
|
|
#
?
Jun 14, 2011 18:48
|
|
|
Thomase posted:She's worried that she'll get fired and lose her maternity benefits. (which is why we care about civil action) IANAL: I ended up here when searching around for canada law on "hostile environment harassment" (what you are talking about): http://www.ohrc.on.ca/en/issues/sexual_harassment At the bottom it looks like they may have some sort of free hotline for advice. I wouldn't do anything until you have spoken with them, to include calling the police.
|
|
#
?
Jun 14, 2011 19:04
|
|
|
Thomase posted:She's worried that she'll get fired and lose her maternity benefits. (which is why we care about civil action) Apparently, in Ontario, sexual harassment is the purview of the Ontario Human Rights Comission quote:What you can do The best of luck; this is a very unfortunate situation for your wife and I wish you both all the best.
|
|
#
?
Jun 14, 2011 19:06
|
|
|
Thank you for the link. She's accepting the role of victim, but i'll get her to read it and i'll get her to inquire.
|
|
#
?
Jun 14, 2011 19:24
|
|
|
Thomase posted:Thank you for the link. She's accepting the role of victim, but i'll get her to read it and i'll get her to inquire. From an HR perspective it's very important that she politely inform him that she finds it inappropriate and/or asks him to stop. It's not completely necessary to fill the requirement for harassment but it helps a lot. Of course the manager should address it now but she should still make sure her objections are known.
|
|
#
?
Jun 14, 2011 19:27
|
|
|
ChubbyEmoBabe posted:From an HR perspective it's very important that she politely inform him that she finds it inappropriate and/or asks him to stop. It's not completely necessary to fill the requirement for harassment but it helps a lot. Of course the manager should address it now but she should still make sure her objections are known. The manager has made it clear she will not be intervening since she "didn't hear him say these things". She feels uncomfortable discussing the situation with the owner (next level) as she admonished her publicly at work for taking taking time off due to a work related injury (1-2 months into the pregnancy). Thanks, we'll call and talk to the hotline.
|
|
#
?
Jun 14, 2011 19:35
|
|
|
If that guy wasn't an employee of the daycare what would the daycare even do?
|
|
#
?
Jun 14, 2011 20:16
|
|
|
beejay posted:If that guy wasn't an employee of the daycare what would the daycare even do? I think the employer has a duty to ensure his employees aren't getting sexually harassed by the customers. So you know, tell the guy to cut that poo poo out or gently caress off, provide security in those area, etc. IANAL.
|
|
#
?
Jun 14, 2011 20:18
|
|
|
beejay posted:If that guy wasn't an employee of the daycare what would the daycare even do? He isn't and even if it's a customer they are required to provide a harassment free workplace. It's a pretty common scenario that a lot of managers ignore because they are afraid of confronting customers.
|
|
#
?
Jun 14, 2011 20:23
|
|
|
I'm in Ohio and this all happened in the same county. In 2009 I was involved in an auto accident. The other person filed a lawsuit against me last month right before the deadline ended for unspecified damages in excess of $25,000. The sheriff deputies that responded to the accident found drugs and paraphernalia in his vehicle and he ended up being charged with possession of cocaine. I was looking online at his court records and it turns out he didn't show up for sentencing last October and has a felony warrant out for his arrest. I doubt this will actually go to trial, but will his warrant affect the case at all? He has an attorney, but will he actually have to show up to court himself as well, at which point he'll be arrested? Is there any chance I can just get this case dismissed? I also suspect he used a fake address in a neighboring county when he filed the case if that matters at all because it's different from his old address in previous cases.
|
|
#
?
Jun 14, 2011 21:21
|
|
|
frobert blamble posted:I'm in Ohio and this all happened in the same county. In 2009 I was involved in an auto accident. The other person filed a lawsuit against me last month right before the deadline ended for unspecified damages in excess of $25,000. The sheriff deputies that responded to the accident found drugs and paraphernalia in his vehicle and he ended up being charged with possession of cocaine. I was looking online at his court records and it turns out he didn't show up for sentencing last October and has a felony warrant out for his arrest. I doubt this will actually go to trial, but will his warrant affect the case at all? He has an attorney, but will he actually have to show up to court himself as well, at which point he'll be arrested? Is there any chance I can just get this case dismissed? I also suspect he used a fake address in a neighboring county when he filed the case if that matters at all because it's different from his old address in previous cases. What do your insurance company/lawyer say?
|
|
#
?
Jun 14, 2011 21:28
|
|
|
The insurance company didn't renew the contract after that and the agent isn't interested in discussing it. The lawyer that they hired for me is filing an answer but hasn't returned any calls.
|
|
#
?
Jun 14, 2011 21:42
|
|
|
FrozenVent posted:I think the employer has a duty to ensure his employees aren't getting sexually harassed by the customers. So you know, tell the guy to cut that poo poo out or gently caress off, provide security in those area, etc. ChubbyEmoBabe posted:He isn't and even if it's a customer they are required to provide a harassment free workplace. It's a pretty common scenario that a lot of managers ignore because they are afraid of confronting customers. Very interesting. I did not know that! It definitely makes sense though when you look at it that way. Thank you both. Thomase, best of luck. That's a messed up situation, and it really sucks that people think that sort of stuff is ok to say to anyone. 
beejay fucked around with this message at 21:59 on Jun 14, 2011 |
|
#
?
Jun 14, 2011 21:56
|
|
|
Here is another sexual harassment situation. Mary works for Company A as a contractor, providing services for Company B on Company B's site. A Company B employee makes sexually explicit comments to Mary on several occasions. Mary complains to her (Company A's) HR officer. If the HR officer decides to reassign Mary from Company B to Company C, with equivalent pay and hours, is that considered 'retaliation' if Mary does not want to be reassigned for whatever reason? Alternatively, if Company B refuses to fire their harassing employee after being informed about this by Company A, and the harassment continues, who does Mary have a claim against? This is based on a real situation in IA, except it never came to that because Mary chose not to report the matter out of fear of retaliation.
|
|
#
?
Jun 14, 2011 23:08
|
|
|
(IANAL) I have dealt with like situations and it's not really considered "retaliation" if the company shows it is working in good faith to protect the employee from a "hostile" environment. What would happen if company A could not reassign her position and felt company B wasn't acting in good faith to resolve the issue? That moves into really sticky areas that HR departments moves up the chain fast because they want to avoid them like the plague. At the end of the day Company A is primarily responsible for providing a harassment free workplace for Mary. Company B is "the customer" for the most part. (not giving advice just commenting on a hypothetical) E: By the way; companies avoid those kind of disputes like the plague because there's a massive amount of interpretation of vague terms when it comes to "harassment". ChubbyEmoBabe fucked around with this message at 23:26 on Jun 14, 2011 |
|
#
?
Jun 14, 2011 23:22
|
|
|
srsly posted:Indeed they are subject to contempt charges. But no prosecutor will push a judge to go after dear old mom because she doesn't show up to testify against her own son on vandalism charges.
|
|
#
?
Jun 14, 2011 23:56
|
|
|
frobert blamble posted:I'm in Ohio and this all happened in the same county. In 2009 I was involved in an auto accident. The other person filed a lawsuit against me last month right before the deadline ended for unspecified damages in excess of $25,000. The sheriff deputies that responded to the accident found drugs and paraphernalia in his vehicle and he ended up being charged with possession of cocaine. I was looking online at his court records and it turns out he didn't show up for sentencing last October and has a felony warrant out for his arrest. I doubt this will actually go to trial, but will his warrant affect the case at all? He has an attorney, but will he actually have to show up to court himself as well, at which point he'll be arrested? Is there any chance I can just get this case dismissed? I also suspect he used a fake address in a neighboring county when he filed the case if that matters at all because it's different from his old address in previous cases. The warrant is unlikely to have much effect on your case, unless you want to be a dick. If you want to be a dick, then when the fugitive's deposition is scheduled, find out where and when (probably at his lawyer's office), then call the sheriff and inform the sheriff of where and when the futigive will be in the county. Don't tell your lawyer that you are doing this. The sheriff might come and arrest the fugitive. If he is in jail, they will have to go through the added expense of doing a deposition at the jail/prison in order to prosecute the case. That will make the case more likely to settle at a lower value without a trial.
|
|
#
?
Jun 15, 2011 00:07
|
|
|
What are the requirements for a traffic ticket/summons to be considered defective in the state of Pennsylvania? I recieved a ticket yesterday, but the officer entered my first name incorrectly (Not misspelled - like a totally different name that happens to have the first two letters in common - think writing 'Martin' if my first name was 'Matthew'), along with the color of the car (which I suspect would not in it's own right be enough, seeing as it was dark, etc.). I know from experience in NYC that material defects can cause a citation to disappear, and some googling indicates that in many states, 'misidentifying the defendant' qualifies as a material defect, but this citation does have my DL # correct, and I can't find anything specific to Pennsylvania.
|
|
#
?
Jun 15, 2011 00:32
|
|
|
Not a lawyer, Captain. I've had friends though who've had similar experiences (the one I remember the details about had the officer put down the time as pm instead of am when the ticket would have had to be issued in the morning because it involved a school bus). Basically, that poo poo gets dismissed in NYC because they have a loving huge docket to get through and don't have time for the bullshit. In smaller cities/towns the judge will roll their eyes at you. That being said, get a lawyer. Wotan fucked around with this message at 01:07 on Jun 15, 2011 |
|
#
?
Jun 15, 2011 00:58
|
|
|
a) If someone writes © Some Bozo at the bottom of their webpage, is it actually copyrighted, or is there more that needs to be done? b) If someone writes © Some Bozo at the bottom of their website, but Some Bozo is actually a stage name and their real name is Some Bozosteinowich, is it still copyrighted, even though it is copyrighted by someone who, strictly speaking, doesn't exist? Was just looking at my fiancée's cousin's website, and it's all done with her stage name, but it got me thinking about copyright issues. e: The US Government says: "In no case should you omit the name of the copyright claimant. You can use a pseudonym for the claimant name. But be aware that if a copyright is held under a fictitious name, business dealings involving the copyrighted property may raise questions about its ownership. Consult an attorney for legal advice on this matter." Hmmm, provocative. Maybe I'm Some Bozo, too. MC Fruit Stripe fucked around with this message at 02:10 on Jun 15, 2011 |
|
#
?
Jun 15, 2011 02:06
|
|
|
MC Fruit Stripe posted:a) If someone writes © Some Bozo at the bottom of their webpage, is it actually copyrighted, or is there more that needs to be done? Copyright is automatic. Her web pages were copyright as soon as she created them. The only thing this would call up into question is who is the actual owner of the work, if someone somehow had a claim that they were the real author.
|
|
#
?
Jun 15, 2011 02:34
|
|
|
Barnum posted:Not a lawyer, Captain. Eh, there's no points, a lawyer would cost more than the fine. Was just hoping someone could point me to the relevant section of PA code regarding the required information for a summons/remedy for a defective summons - even if it's a crapshoot, I've got nothing to lose, but I want to do it right.
|
|
#
?
Jun 15, 2011 03:11
|
|
|
Well, then my advice is to go into court acting like your avatar and just say "ipso facto" as many times as you can.
Wotan fucked around with this message at 04:02 on Jun 15, 2011 |
|
#
?
Jun 15, 2011 03:57
|
|
|
This thread is large and I'm not sure a case like this was brought up but it's minor and I want to appeal. My roommate and I came home around 6 pm from work and he parked right behind me on the driveway. There's only room for one car, so he parked directly behind me on the street and half on the sidewalk (like many of the others). At 12 AM we realized his car was gone, at first we thought hey it must have been towed or stolen, we come to find out it was towed, only by calling the police first. There was no notice, it was after 7PM when it was towed, and no knock on our door even though it was right outside of our house. He had to pay hundred bucks and drive 20 miles to and from this place to get it back. I feel bad for him because we have been here a week and were following what the other people in the area were doing yet we were the only one that got picked. I've done a google search but I have no idea where to appeal this random private towing company to proper authorities. According to this document passed in 2010 the law seems to be with us: http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S1136v7.pdf It would seem that they did not follow anything by any legal sense. I'm outraged a car could be taken right outside of our place without the slightest warning, what can we do? We live in Wake County, Raleigh, North Carolina. They were 20 miles away, left no notice, did not stick around for an hour (not sure if that's NC law), and has had complaints to the BBB. What do we do from here? Help me law goons! Deception fucked around with this message at 07:28 on Jun 15, 2011 |
|
#
?
Jun 15, 2011 07:24
|
|
|
I don't quite understand how the pdf you linked would apply to you, you said he was parked half on the sidewalk and half on the road. The pdf is talking about vehicles being towed off private lots.
|
|
#
?
Jun 15, 2011 16:46
|
|
|
I'm in New York, I have a pre-trial conference tomorrow for allegedly running a red light. The ticket was written 2 years ago, but it's finally coming up. I know to show up well dressed and clean shaven, but after that it's unclear. Will someone pull me aside for a deal? I don't care about the money, but the 3 points would not be fun. I know that NY State Troopers can't plea down tickets anymore, but it was so long ago that I honestly don't know what branch of law enforcement wrote my ticket. I'm just freaking out a little, any general advice would be super welcome if you have some to spare. Thanks in advance! e: VVVVVVVVV I have no idea how it took this long to go through. I mailed in my Not Guilty plea within 30 days, and then it just kinda disappeared until now. I was stopped by an officer (no ticket) a month ago, and then this summons came within 5 days. I wonder if it shook something loose in the system? Whatever that would even mean. What Fun fucked around with this message at 03:18 on Jun 16, 2011 |
|
#
?
Jun 16, 2011 01:14
|
|
|
Just out of curiosity, how in the world could a ticket written 2 years ago just be going to trial now? Isn't there a right to speedy trial?
|
|
#
?
Jun 16, 2011 02:24
|
|
|
NancyPants posted:Just out of curiosity, how in the world could a ticket written 2 years ago just be going to trial now? Isn't there a right to speedy trial? You also have the right to request that the trial be postponed, and doing so as many times as the court will let you is a pretty common tactic in attempting to beat a ticket, as, among other things, it makes it more likely that the officer won't show up in court.
|
|
#
?
Jun 16, 2011 02:44
|
|
|
You have surely left for your pre-trial conference by now, but demand that the ticket be dropped for failure to prosecute. I don't even know New York law, but just keep using the phrases "speedy trial right" and "failure to prosecute." If you ask or consent to the trial being postponed, you will likely have waived these objections and you won't be able to use them in the future.
|
|
#
?
Jun 16, 2011 17:17
|
|
|
srsly posted:You have surely left for your pre-trial conference by now, but demand that the ticket be dropped for failure to prosecute. I don't even know New York law, but just keep using the phrases "speedy trial right" and "failure to prosecute." Still here at the moment, I've got an hour before I have to leave. Is this really a good idea for someone with no legal experience? It seems like I could get myself in over my head pretty quickly. I've also still got the jitters. Any basic last minute advice? I guess I'm gonna hope someone comes up and talks to me about reducing charges? e: VVVVVVVVVVVVV Really? I haven't done any of that. I thought this was the part where the court tried to get rid of nonsense cases like mine with a plea down. It would be great to see if they had a video of the incident in question, how do I do that? Otherwise I guess I'll be pleading not guilty, if it's as you described. What Fun fucked around with this message at 17:39 on Jun 16, 2011 |
|
#
?
Jun 16, 2011 17:29
|
|
|
What Fun posted:Still here at the moment, I've got an hour before I have to leave. Is this really a good idea for someone with no legal experience? It seems like I could get myself in over my head pretty quickly. PTCs are technically used to schedule the trial. The judge may ask if you've gotten the discovery you've requested (i.e. all police reports and videos of the stop). It should take roughly 1 minute unless you decide to plead guilty.
|
|
#
?
Jun 16, 2011 17:36
|
|
|
Thomase posted:She's worried that she'll get fired and lose her maternity benefits. (which is why we care about civil action) Check the law in Canada but often it is illegal for an employer to fire or retaliate against an employee if they are the victim of DV, rape, or harassment and the victim reports said incident.
|
|
#
?
Jun 16, 2011 18:15
|
|
|
Well, in case anyone was wondering, this is what happened: The officer didn't show up, but the city seemed to have a prosecutor of sorts going through all its cases, whether they be code violations or traffic or what have you. I guess they can use a lawyer as a stand in for a cop? I didn't question it, because they seemed to be grinding through cases and giving everyone deals. You'd approach the bench, the prosecutor would talk to you for a moment, and then the judge would run through the official business real quick. In my case, he told me "You have no record, and you're looking at 3 points. I'll give you a parking violation for 100 dollars." I thanked him and plead guilty to the lesser charge. It really couldn't have gone any better. And I thought I had it bad, there was a guy in front of me with an 11 year old charge! I didn't really get any advice, but thanks for reading anyway!
|
|
#
?
Jun 17, 2011 00:22
|
|
|
I am releasing a video game late next month. I'll also officially be hiring a marketing director soon. I'm originally from Los Angeles, CA -- for the past 8 months I've been living in Fredericksburg, VA. In September I've moving back to LA. So I'm not sure if I should register now while I'm in Virginia, or wait until I get back to LA. Are there pros and cons to registering my LLC in either place? Better tax benefits, etc? Ultimately, Los Angeles will be the basis of operations. I'm never planning on coming back to Virginia once I'm out of here. Should I go with Virginia or California?
|
|
#
?
Jun 17, 2011 02:06
|
|
|
|
| # ? May 16, 2024 04:51 |
|
|
PancakeParty posted:I am releasing a video game late next month. I'll also officially be hiring a marketing director soon.
|
|
#
?
Jun 17, 2011 02:52
|
|
