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But it is all of us in the same room, not individual interviews? The information sheet (not very informative) says there will be cross-examination, rebuttals, and a recording. re: inadmissable, because the back of the info sheet they sent says "What witnesses learned secondhand might not, depending on the circumstances, be considered at the hearing."
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Nov 2, 2011 18:40
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That70sHeidi posted:But it is all of us in the same room, not individual interviews? The information sheet (not very informative) says there will be cross-examination, rebuttals, and a recording. It will probably be the referee, your former employer's attorney and you and your attorney in the same room. Various witnesses will be called, one at a time. The side who called them as a witness will ask them questions. Then the other side will get to ask them questions. (cross-examination) Your former employer will present evidence that you were fired for reasons that deny you UC. You will present evidence to the contrary. Rebuttal is your former employer's chance to say 'nuh-uuuuh' after you've presented your evidence. "What witnesses learned secondhand might not, depending on the circumstances, be considered at the hearing." is a workable, but very basic explanation of hearsay. One of the 'circumstances' is that if you said it, it's not hearsay and would be admissible (depending on circumstances) not a UC lawyer, not a PA lawyer.
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Nov 2, 2011 19:06
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I didn't realize I'd need a lawyer. So my choices are find a free one to help or find one I can attempt to pay at some point or risk having to pay back the money I've been living on and partially supporting my mom and brother on. Or just have a heart attack and die first! YAY! My former employer is just the gift that keeps on giving.
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Nov 2, 2011 19:32
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That70sHeidi posted:find a free one Good luck with that. Honestly though if you are truly poor you probably qualify for community legal assistance. What county are you in?
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Nov 2, 2011 19:32
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Allegheny. I've been researching. I think I'm just going to call the people I used for my bankruptcy lo these many years ago. They were good people; either they cover this kind of thing or might be able to point me to some other good people. I have some savings, or maybe I'll get a job soon. It would be nice if it was just their attorney and not the boss herself there; we've never gotten along. Thanks for the info y'all.
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Nov 2, 2011 19:55
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http://www.nlsa.us/index.html
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Nov 2, 2011 19:58
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goku chewbacca posted:Questions about past due child support. There's a lot going on here, and I'm poo poo on the subject of trusts, so I'll just address the child support part of it. 1. Is the case a Georgia case, a Pennsylvania case, or one that was initiated in Pennsylvania and attempted to be enforced upon in Georgia? I say this because since you're all over age, it seems like there might be a statute of limitations problem. I'm not barred in either jurisdiction, so this is not legal advice and I advise you to check with a local lawyer, but it looks like Georgia doesn't have a SoL, and Pennsylvania has one of the shittiest ones in the 50 states, 6 years from the date of each installment. Under UIFSA, the US Code act that determines how interstate cases work, the applicable statute of limitations is the one that sucks the most. 2. Is there an order for child support on the case? 3. Dad's never been served anything on the case? 4. Usually your local child support office can help, I would go in and explain the situation, they may have info on the history of the case. 5. Basic stuff, before you get a lien you would need to get a judgment. You'd need the child support court to get you a judgment on the arrears, and that may be contingent on multiple things, such as serving Dad, having an order on the case, and the statute of limitations issue.
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Nov 3, 2011 01:18
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I'm being sued in Nevada over a college credit card that I was an idiot with. I was served on July 8th of 2009, and filed my answer to avoid default judgement. Never heard anything back till yesterday, when I got a motion for summary judgement in the mail. From what I gather, this is bad, and is one of the final steps before they can garnish wages, seize accounts, etc. The motion will be heard in about a month, and I'm trying to figure out what my next move will be. Obviously show up to the hearing, but I don't dispute the debt is mine, so am I just hosed or what? Can I negotiate a payment plan with these people? How do I do that, legally speaking? I'm sure it couldn't be as simple as a phone call, do I send a certified letter? What would I want that letter to say, specifically? I really just want this to go away. edit- In reading this thing, it says my last account activity was 10-16-2008. According to this the statute of limitations is only 4 years in my state. Is this a final attempt to boogyman some money out of me before it passes the SoL? Please advise. DrPain fucked around with this message at 16:30 on Nov 3, 2011 |
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Nov 3, 2011 16:14
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DrPain posted:I'm being sued in Nevada over a college credit card that I was an idiot with. Trying to walk away from a debt makes it very difficult to negotiate a payment plan. a) They've already spent the money on lawyers to get a judgement and b) you've shown you aren't exactly the most trustworthy individual to make a deal with. Your lack of communication up to this point is going to be extremely problematic. Summary Judgement is final (except in very certain circumstances). It's been filed because the claimants don't think your defence has any merit. I'm quite surprised that nothing's happened for over 2 years after service but maybe that's just Nevada. The Statute of Limitations applies to when you start an action. Because they served on you before the limitation period ran out then so long as the current action continues they can get judgement.
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Nov 3, 2011 16:37
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DrPain posted:Can I negotiate a payment plan with these people? How do I do that, legally speaking? I'm sure it couldn't be as simple as a phone call, do I send a certified letter? What would I want that letter to say, specifically? You call them and say you want to negotiate a payment plan.
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Nov 3, 2011 20:50
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Is it really legal to force an employee to forward a private text message? And is Employee1 saying something to Employee2, Employee3 finding out and telling Employee4 grounds for insubordination?
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Nov 3, 2011 21:18
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/\/\/\ I thought you were calling a lawyer you should probably do that.chemosh6969 posted:You call them and say you want to negotiate a payment plan. Yes do this. Or offer to pay them some portion of the debt. I racked up some credit card debt that I couldn't pay during my young and stupid days and I called the company holding it and offered them half which, surprisingly to me, they accepted.
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Nov 3, 2011 21:18
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Robo Olga posted:/\/\/\ I thought you were calling a lawyer you should probably do that. Thanks for this bit right here. I called their office and no answer. Went on their website which has a 'make us an offer' form. I offered them 20% to settle, due jan 31. I'll post ITT if I get a response.
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Nov 3, 2011 22:58
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Robo Olga posted:/\/\/\ I thought you were calling a lawyer you should probably do that. Waiting on some call-backs. Just wondering and worrying about paying back over $10K of UEC benefits while I'm waiting. 
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Nov 3, 2011 23:11
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My gf's employer has decided to grace its employees with extra time off this holiday season. She works full-time in California. They have decided to give the employees an extra two days off between Christmas and New Years without pay. You may optionally use your sick or personal time to cover the lost wages, but apparently they dont want you to use vacation time for this. Because of the extra time off, they are requesting several departments to work a few Saturdays to make up for the close of business. They are also offering to employees to make up the hours for the extra days off at regular pay (not overtime). I'm fairly certain the lack of overtime is against the law, but i'm wondering if a company can just close down a few days and make you use your accrued time off to cover the difference.
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Nov 4, 2011 00:50
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DrPain posted:I was served on July 8th of 2009, and filed my answer to avoid default judgement. Never heard anything back till yesterday, when I got a motion for summary judgement in the mail. From what I gather, this is bad, and is one of the final steps before they can garnish wages, seize accounts, etc. The motion will be heard in about a month, and I'm trying to figure out what my next move will be. Obviously show up to the hearing, but I don't dispute the debt is mine, so am I just hosed or what? No it has nothing to do with the SoL, they were just being lazy. Filing a lawsuit presses the pause button on the SoL, and they'd have nearly a year left besides. File a Rule 41(e) motion to dismiss for failure to prosecute. Tell the judge you're one of the good guys -- you actually answered and complied with what you were supposed to do in court. The debt collectors are assholes for blanketing the court's docket with cases which they then fail to pursue when they can't get a freebie default judgment. Tell the judge to send the debt collectors a message regarding respect for the judicial process. IANANL. TINLA.
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Nov 4, 2011 01:40
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bEatmstrJ posted:I'm fairly certain the lack of overtime is against the law, but i'm wondering if a company can just close down a few days and make you use your accrued time off to cover the difference. Does she have an employment contract that says otherwise? No? Then yes, they can shut down and not pay their employees whenever they feel like it. Not legal advice blah blah.
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Nov 4, 2011 01:43
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bEatmstrJ posted:I'm fairly certain the lack of overtime is against the law.... Is the employer saying that the employees can work extra hours in a week they're already working, but won't be paid for overtime even if that puts them over forty hours that week or eight that day? If so, then there's a problem. Or is the employer offering extra hours up to, but not over, forty in the week or eight a day? bEatmstrJ posted:but i'm wondering if a company can just close down a few days and make you use your accrued time off to cover the difference. The employer isn't not making the employees use any accrued time off, though. The employer is just saying that if the employees want to offset not working those two days, they can go ahead and use some of their sick or personal time. The employer doesn't have to allow using sick days for holidays. Though I don't get what "personal time" means. Does the employer have a general PTO bank? Or is the split really sick days-vacation days-personal days? I've only ever seen the three together in collective bargaining agreements. Is your sister in a union?
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Nov 4, 2011 05:40
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ibntumart posted:Is the employer saying that the employees can work extra hours in a week they're already working, but won't be paid for overtime even if that puts them over forty hours that week or eight that day? If so, then there's a problem. I think its a combo sick/personal necessity bank and a separate vacation bank. My gf only has about 8 hours of sick time left and they are saying they want employees to use that time instead of vacation time (but they will TRY to push through a vacation time request instead since she doesnt have the hours needed). And yes, the make-up hours would be in addition to the already scheduled 40 hour work week. So they want employees to work more than 40 hours and the difference will be used to make up the time off for holidays. It sounds like they are still clarifying things and she has brought this to the attention of the HR manager, but it still stinks of holiday rottenness.
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Nov 4, 2011 07:47
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bEatmstrJ posted:I think its a combo sick/personal necessity bank and a separate vacation bank. My gf only has about 8 hours of sick time left and they are saying they want employees to use that time instead of vacation time (but they will TRY to push through a vacation time request instead since she doesnt have the hours needed). Strange, but the employer isn't obligated to approve a specific vacation day request, so I suspect your girlfriend is really at the mercy of her supervisor here. bEatmstrJ posted:And yes, the make-up hours would be in addition to the already scheduled 40 hour work week. So they want employees to work more than 40 hours and the difference will be used to make up the time off for holidays. This is where it gets a mite bit tricky. California does actually allow makeup time, but only in very limited circumstances would an employer not owe overtime otherwise due. Here's Labor Code § 513 on make-up time: quote:If an employer approves a written request of an employee to make-up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that make-up work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of eleven (11) hours of work in one (1) day or forty (40) hours of work in one (1) workweek. If an employee knows in advance that he or she will be requesting make-up time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make-up work time for up to four (4) weeks in advance; provided, however, that the make-up work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee makes a request to make up a work time pursuant to this section. While an employer may inform an employee of this make-up time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make-up the work hours within the same workweek pursuant to this section.
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Nov 5, 2011 09:19
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Question about fighting fraudulent charges imposed by a leasing company (Equity Residential) So I just got a bill from my leasing company for $65 for carpet cleaning in my apartment after I moved out. I returned the carpet in the same condition as it was 2 years ago when I first rented (outside normal wear and tear), which is well within the terms of the lease. There's no way I'm paying this charge, it's just a money grab. I will be sending them a certified letter refuting the charges. The question is, what are my options if they don't remove the charge? It's completely baseless, and there's plenty of information online painting Equity Residential as a shady company. They already say in the letter that they'll pass it on to collections if I don't pay, which is even more bullshit since the charge is completely made up. What is the proper way to fight this if they ignore my letter and keep the charge intact? It doesn't seem fair that a company can just make poo poo up and then ding your credit.
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Nov 7, 2011 20:17
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My question has to do with copyright law (I think). If someone has asked the same question, I apologize. My brother is a terrific musician who arranges a lot of pieces for marching bands or pep bands. He typically gets a call from a band director who asks for a particular pop song in 15 parts or whatever so he can play it at the basketball game. My brother arranges the parts and sends it off. I've told him he could get into some kind of trouble with recording companies if he doesn't get permission to make arrangements. He's not sure where to start with that process. Can he license his arrangements with a mechanical license? He'd like to start making money this way, but it seems to me that if he's reproducing someone else's work, he owes someone something.
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Nov 7, 2011 20:30
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Dexter Stratton posted:My question has to do with copyright law (I think). If someone has asked the same question, I apologize. Your answer is that copyright law is complicated and he needs to talk to a specialist.
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Nov 7, 2011 20:42
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Alchenar posted:Your answer is that copyright law is complicated and he needs to talk to a specialist. Honestly I was hoping someone might be able to shed a little bit more information on the subject. This is not an uncommon task; arrangements of pop music are available everywhere, but he's not sure how to break into the racket. If anyone has experience in the matter, I'd appreciate hearing about it.
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Nov 7, 2011 21:44
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hammeritme posted:So I just got a bill from my leasing company for $65 for carpet cleaning in my apartment after I moved out. I returned the carpet in the same condition as it was 2 years ago when I first rented (outside normal wear and tear), which is well within the terms of the lease. There's no way I'm paying this charge, it's just a money grab. Are you 100% sure it's within the terms of the lease? Many leases will have a provision specifically charging you for move out carpet cleaning, so if you haven't yet, double check.
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Nov 7, 2011 21:57
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El Duke posted:Are you 100% sure it's within the terms of the lease? Many leases will have a provision specifically charging you for move out carpet cleaning, so if you haven't yet, double check. 100% sure, I just read it again. Here is what it says under "Condition of unit upon Termination" Upon termination of this lease, tenant shall return the unit, equipment, and fixtures in as good condition as when tenant took position, ordinary wear and tear excepted There is no specific provision regarding carpet cleaning.
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Nov 7, 2011 22:22
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Dexter Stratton posted:Honestly I was hoping someone might be able to shed a little bit more information on the subject. This is not an uncommon task; arrangements of pop music are available everywhere, but he's not sure how to break into the racket. If anyone has experience in the matter, I'd appreciate hearing about it. To explain how insane this is: you can license a recording, the sheet music/arrangement for a song, or the song itself (as an entity). Does your brother use a particular, identifiable, recording or sheet-music arrangement in his works? Does he need to license each item or just the song? Does it matter if he licenses the song if he licenses the original arrangement? These are questions that most people won't know, and the people who do are paid mainly to know the answer to those questions.
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Nov 7, 2011 23:44
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hammeritme posted:100% sure, I just read it again. Here is what it says under "Condition of unit upon Termination" Do you have pictures of from when you first moved in and then pictures from when you moved out? What state is this in?
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Nov 7, 2011 23:49
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Sonic Dude posted:Talking to a specialist is about the only way to go. I'm a small-time recording engineer and acquire mechanical licenses through HFA for some of my clients. Beyond the simple compulsory "this group made a recording and sold it, here's your money" stuff, you need someone that knows what they're doing to guide you. You have to keep in mind how the law is applied as well. I don't think a record company would sue a public school for playing an arrangement of a pop song at a high school football game. Sure, they technically could, but it's not worth the effort and the PR hit they would take would be huge.
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Nov 8, 2011 00:24
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Robo Olga posted:Do you have pictures of from when you first moved in and then pictures from when you moved out? No pictures, but Equity Residential took over from the original leasing company 7 months ago, so they have no way of even knowing what the original carpet condition was. There aren't any stains or damage to the carpet though, I left it perfectly clean. This is in Virginia.
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Nov 8, 2011 02:39
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How much evidence do I need when suing someone in small claims court? Here's my situation: On two occasions, an individual attempted to steal the copper piping/metal out of my outdoor A/C unit. Both time, he failed (first time, he saw someone was in the house and bolted, second time, I'm guessing he got electrocuted and just gave up). Both times, it cost $400 to fix (he managed to snip the line where all the compressed gas is, and that poo poo is expensive). He was arrested and plead guilty. He was sentenced to three years probation, no restitution. Basically, all I have is the two repair invoices, a police report, and the fact that he plead guilty in criminal court on the same crime. I could get my fiance to write a "victim statement" or something similar. She was pretty traumatized by the whole thing. In addition to the $800 in repair bills, as a direct result of this event I purchased a home security system and a large amount of chain/anchors to secure the A/C unit. Can I sue for MORE than the direct damages? I.e., recoup some of the money for my other purchases in an attempt to secure my house. Also the lost sleep, stress, and general malaise as a result of this guy trespassing and breaking my stuff. I live in and the crimes took place in CA.
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Nov 8, 2011 04:38
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Nostrum posted:How much evidence do I need when suing someone in small claims court? Here's my situation: Call the DA and ask them what the hell. Cal Pen 1202.4(a)(3) quote:The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following You want to talk to the DA on the case. They agreed to an illegal sentence that harmed you. You want the case to be re calendered for a modification of probation. If he doesn't do anything, go up the chain to his supervisor and then to the elected. If you get no response, go to the local media. Remember DAs are elected. Elected in an election no one cares about. . .until the DA gets some bad press. You shouldn't have to sue for this -- if you do, I'd sue the DA, they fell down on the job (This is just talk and I don't know that you can do this.) As a public defender in California I shouldn't be telling you this as restitution is a massive pain in my rear end. But at least I can help you be a pain in the DA's rear end. Note that a restitution order won't get blood from a stone but is a both a condition of probation and a civil debt which I believe cannot be discharged with bankruptcy.
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Nov 8, 2011 06:03
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Dexter Stratton posted:My question has to do with copyright law (I think). If someone has asked the same question, I apologize. He cannot use a mechanical license for what he's doing. Mechanicals include the privilege of making arrangements (to a limited extent), but only for purposes of generating a recording of that arrangement (which is what the mechanical actually pays for). If you want to create and exploit a particular composition, then you need to obtain permission directly from the composer/publisher. Getting that permission is why you need a specialist - it has to be negotiated, individually, per composition you wish to make arrangements of.
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Nov 8, 2011 06:48
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Kalman posted:He cannot use a mechanical license for what he's doing. Mechanicals include the privilege of making arrangements (to a limited extent), but only for purposes of generating a recording of that arrangement (which is what the mechanical actually pays for). If you want to create and exploit a particular composition, then you need to obtain permission directly from the composer/publisher. I recently had a potential client who did the same sort of work as the OP's brother - arrangements for high school bands. He got a demand letter from the music publisher, not the recording company, for royalty payments that far exceeded the amounts he was charging the high schools. I had to find a music publishing lawyer for him because I didn't know WTF. The specialist told me that the demand letter was legit. Potential client told me that he was going to have to shut his work down. Good luck, OP's brother.
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Nov 8, 2011 12:37
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Consumer protection type question: I bought A Thing from A Seller on ebay (actually four Things but three of them were fine). The seller is in Indiana, I'm in Oregon. They sent me the wrong Thing. Not a defective Thing, a completely different product from what I ordered. Without a set of four, the Things are useless to me. Shipping the thing back to them would, somehow, cost more than I actually paid for the thing to begin with  I just want to be able to send it back for an exchange without paying more than it's worth to ship it over their mistake.I already contacted the seller and haven't heard back yet, and while it's entirely possible they'll be completely reasonable, I'd rather know ahead of time what laws might cover this sort of thing.
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Nov 8, 2011 13:47
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Javid posted:I already contacted the seller and haven't heard back yet, and while it's entirely possible they'll be completely reasonable, I'd rather know ahead of time what laws might cover this sort of thing. That would be the law of the eBay feedback system and whatever protection is offered by the payment method you used. There's a reason why everybody has feedback systems, sociologists and market researchers study them, payment companies offer fraud protection and refunds etc.: It's because the law is a completely inadequate tool to deal with the situation you describe. So society has developed private enforcement mechanisms to handle such problems. Real answer: Forget about the difficulty of getting a judgment against the guy. Even if you do manage to get jurisdiction over him and have a court award you damages, you'd need to go file with a court in Indiana to execute the judgment. Are these 4 things you bought worth thousands of dollars?
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Nov 8, 2011 16:43
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Thanks for the responses. I'm going to let him know what you said.
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Nov 8, 2011 17:13
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srsly posted:That would be the law of the eBay feedback system and whatever protection is offered by the payment method you used. There's a reason why everybody has feedback systems, sociologists and market researchers study them, payment companies offer fraud protection and refunds etc.: About what I thought. Dude offered to cover return shipping without me having to ask anyway, so huzzah.
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Nov 8, 2011 17:43
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Typically if you pay through a debit or credit card, you are able to initiate a "chargeback" in cases of unauthorized charges or fraud. In order to do this contact your bank or credit card company, they should be able to get the money back to your account fairly quickly, although there is a dispute resolution process that the seller can opt for. Credit card companies penalize their clients heavily if they have too many chargebacks, so sellers try to avoid them at all costs. I've found that threatening to initiate a chargeback is enough to get a refund very quickly in disputes I have had with retailers.
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Nov 8, 2011 20:59
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Can one of you kind ladies or gentlemen please help me with a translation problem? I'm an EFL teacher and one of my students is writing a cover letter. In it she writes that she has been in charge of the "subsidiaries' lives" by which she means overseeing all of their legal documents from agreements with suppliers to employment contracts. How would you describe this in English?
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Nov 9, 2011 12:03
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